Do I Need a Lawyer for Mediation?~ 3 min read

Mediation is designed to be a less adversarial process than going to court in a divorce, and many people wonder if involving a lawyer is necessary. While it’s not required, having legal guidance will benefit you during the process.

Why You Should Consider a Lawyer

Although mediation encourages you to reach a mutual agreement, your lawyer can make sure that you have a full understanding of your legal rights. A mediator is neutral and can explain the law, but they cannot give you specific legal advice. Without legal advice, you may agree to something that doesn’t serve your best interests or leaves you unprotected in the future.

A lawyer can help you:

  • Understand your legal rights: Knowing what you’re entitled to helps you negotiate better terms.
  • Avoid costly mistakes: You might unknowingly waive certain rights, like future modifications to child support or alimony, by agreeing to specific terms without realizing the long-term impact.
  • Ensure fairness: Even in a cooperative mediation, it’s possible to give up too much if you’re not fully aware of your options.

Should Your Lawyer Attend the Mediation?

It’s not mandatory for your lawyer to attend every mediation session. However, consulting with a lawyer before mediation starts is highly recommended. Having legal advice at the beginning means that you know what to expect and what to avoid. You can also have your lawyer review any proposed settlement agreements to catch any issues before signing.

Some people prefer to have their lawyer present throughout the mediation to offer real-time advice and guidance. Others might consult their lawyer after the mediation sessions to review the final settlement. Either way, involving a lawyer protects your interests and that you don’t regret decisions later.

The Risks of Not Having Legal Advice

Without legal representation, you may unknowingly agree to terms that could harm you in the long run. For instance, certain provisions in child support or spousal maintenance agreements might limit your ability to modify them later. This could be a serious issue if your financial situation changes.

Consulting a lawyer before, during, and after mediation helps prevent these pitfalls. Your lawyer makes sure that you are not only reaching an agreement but that the agreement is legally sound and in your best interest.

Conclusion: Mediation with Legal Guidance

While you are not required to have a lawyer during your mediation, having one is a smart choice. Legal advice means that you can more fully understand your rights and options, helping you avoid agreeing to unfavorable terms. It is especially beneficial to consult a lawyer at the beginning and at the end of the process to ensure that the settlement is fair and in your best interest.

Contact Family Ally

At Family Ally, we believe in empowering you to make informed decisions during mediation. If you’re unsure of the mediation process, we’re here to help. Contact Jennifer Piper at 314-449-9800 to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

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