Mediation without Attorney


#1

Hi,
Married 11 years, 2 kids. We’ve amicably agreed to separate, but both of us already retained attorneys to explain the separation process. We have exchanged letters of representation.

She & I have a basic framework in place but there is a gap that we’ll need mediation help with. We’re confident that the mediator can get us to a final agreement. We’d like to do mediation without the attorneys present, to save on cost. Is this possible? We would present the agreement to our attorneys for inspection. We live in NC.

Thanks,
phil


#2

It is possible to do a mediation without attorneys present. However, that may not be beneficial to you in the long run and may actually consume more of your time.

Usually when you reach an agreement in mediation, you reduce the settlement terms into a separation agreement and sign and execute the separation agreement then. Once it’s signed, there’s no guarantee that the other party would agree to re-negotiate any of the terms if you later decided that something was not fair or in your best interest. Having your attorney in the mediation with you can be very helpful in making sure the terms are in your best interest and are stated properly in the separation agreement.