After being separated for 13 months now, we are going to try voluntary mediation. I do not plan to have an attorney there, whereas she will. However, if we are unable to settle I want to use a specific attorney with whom I have already had previous meetings. Problem is, the mediator they are pressing me to use works at the same firm as my prospective attorney, thus I am told I would have to find different legal counsel should it be necessary. I’ve raised the issue, and asked that we change mediators. Now my wife’s attorney states that they (wife and her attorney) will give a written waiver of conflict of interest, and thus I would not have a problem using my preferred attorney if needed. Is that correct? Anything other than a waiver that I would need to protect myself?
If there is a waiver of conflicts in place prior to the mediation there should be no problem. I do suggest you speak with the attorney you wish to have represent you prior to consenting to ensure he/she is comfortable with the arrangement and still wishes to take the case in the event mediation fails.