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Using a Consulting Attorney in a Divorce Mediation


Mediation is a valuable process for resolving disputes, especially in family-related matters. In mediation, a neutral mediator helps the parties reach a mutually agreeable solution. However, to ensure your rights and interests are protected, you and your spouse should each consider having a consulting attorney.

The Role of a Consulting Attorney

Consulting Attorney and Mediation

A consulting attorney in mediation provides you with legal advice during the process. Their involvement can vary, from reviewing the final agreement to actively participating in communication and assisting with paperwork. Consulting attorneys are beneficial if you need independent advice, clarification, or confidence in the process. Their role is particularly important before signing off on the final agreement and addressing any specific concerns or questions that may arise throughout the mediation process.

Complementing the Mediator’s Role

Mediators guide you and your spouse towards a settlement based on your interests and needs, utilizing conflict resolution skills. However, mediators cannot provide independent legal advice. This is where the consulting attorney steps in, offering you the necessary legal information and guidance. By working alongside the mediator, a consulting attorney ensures that you fully understand the legal implications of your decisions and helps you make informed choices.

The Importance of Having a Consulting Attorney

Having a consulting attorney in mediation brings several advantages. They provide independent legal advice, ensuring that you understand your rights, obligations, and options. Consulting attorneys help structure arguments effectively, strengthening your positions during negotiations. They offer objective perspectives on proposed settlements, identifying potential concerns and ensuring the final agreement is fair and legally sound. With their expertise, consulting attorneys contribute to the overall success of the mediation process.

Consulting attorneys play a vital role in ensuring the fairness and legality of the final agreement, making them an invaluable asset during the mediation process.

Contact an Experienced Mediator or Consulting Attorney in Fresno or San Diego

Rebecca Medina is an experienced family law attorney serving as either the mediator or the consulting attorney.  Contact her today in the San Diego area 559-354-4397 or in the Fresno area 760-239-0845 to schedule an appointment. 

Rebecca MedinaAbout the Author: Rebecca Medina

Rebecca Medina is an experienced Family Law attorney, mediator and Collaborative Divorce Lawyer serving the Fresno and San Diego areas. She handles cases ranging from complex divorce matters to child custody, spousal support, prenuptial/postnuptial agreements, QDROs and uncontested divorce cases. She was rated “Clients’ Choice” by Avvo.

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