Mediation instead of hiring lawyers


#1

Can my wife and I go to medaition hash out the final details of or seperation? Do we both need to hire lawyers for this?


#2

You may go to a mediator to attempt a settlement of all issues relating to your separation and you may do so without lawyers, though I do not recommend taking that route.

Many of the mediators out there are not lawyers and do not have any legal training. The agreements they draft are often ambiguous and lead to problems down the road. Further they cannot advise you on the law.

While mediation is a wonderful tool which is often a very successful process, I recommend that both parties seek legal counsel during the negotiation process, and certainly before signing anything.


#3

If we hire a mediator who is a lawyer, then is it legally binding? And can they work “for” both of us?


#4

Any agreement signed and notarized by each of you is binding. A mediator by definition does not represent either side, but is a medium used for purposes of negotiating a settlement.