What is the Role of an Attorney in Family Law Mediation? And which Attorney Services does Family Circle Mediation offer?
Those entering mediation often enter mediation without an attorney nor the desire to hire the attorney. This may be because of a bad previous experience, lack of trust in the attorney profession or simply due to financial restraints. In New York, a party may separate, divorce, or enter an agreement without an attorney. As such, many of my clients enter and exit mediation without ever hiring an attorney.
However, an attorney can be very useful in mediation in certain circumstances. Often my clients will hire a “review attorney” at the end of the mediation sessions. I offer a list of review attorneys in each county that I have previously worked with. These attorneys provide an opportunity for an individual to consult with an attorney privately about the agreement drafted and ask any legal questions they may have about the terms of the agreement. The attorney can also provide insight and suggested change of language for the drafted agreement.
Furthermore, a party may hire a consulting attorney sometime before or during the mediation process. This can be helpful in a situation where the party feels there is an imbalance of power, a lack of confidence in their ability to negotiate or decide on decisions that will determine their future. In addition to an attorney, I often recommend financial advisors to those who may need or want additional financial guidance during this process.
As a mediator, I can let my clients know what the law is but I cannot provide legal advice to individuals or couples. I can offer stories of what I have seen work for other families or what has not worked for families in my past experience, and the basics that a court will want for an agreement.
The attorneys I recommend all respect and understand the value of mediation. They do not attempt to start or prolong fights or encourage you to revoke your agreements or attempt to rewrite the separation agreement. They can be trusted collaborative partners in the process. This is incredibly important when choosing an attorney. Some attorneys will rip up agreements, promise grander amounts and disregard the hard work the parties put in to come to that final agreement. At that point, litigation becomes the only option.
Beyond providing a list of attorneys, at Family Circle Mediation we now offer in-house attorney reviews and filings. Our in-house counsel is an experienced family court attorney. She can join our review sessions to be able to provide legal advice to both parties, provide court/judge insight, and offer any language change suggestions to the agreement draft. This enables parties to feel confident in having a review attorney without having to each hire their own. This helps streamline the process even further. Moreover, she can also help the couple file the divorce paperwork with the court, which often can feel overwhelming.
