Mediation and Consulting Attorneys
Can You Have a Lawyer During Divorce Mediation?
When navigating divorce mediation, a common question arises: Can you have a lawyer involved? Katherine Miller, a highly experienced divorce mediator and lawyer with over 35 years in New York City and New York State, addresses this important issue.
The Role of a Lawyer in Mediation
Many people mistakenly believe that choosing mediation means giving up their right to legal representation. Katherine clarifies that this is not the case. In fact, not only can you have a lawyer during mediation, but you should. A lawyer’s presence can provide essential legal advice, protect your interests, and help you navigate the complexities of divorce negotiations.
Why You Should Involve a Lawyer
Mediation is designed to help both parties reach a mutually acceptable agreement that addresses their needs and those of any children involved. It is not meant to be a second-class form of justice or to avoid discussing the law. Instead, the goal is to find a resolution that works for everyone. Having a lawyer involved ensures that you have someone on your side to guide you through the process, ensuring the agreement is fair and meets your needs.
Addressing Misconceptions
Recently, Katherine has encountered individuals whose mediators advised them against involving a lawyer, or suggested waiting until later in the process. This advice can be problematic. Mediation should be a transparent process where you feel fully supported and informed. If your mediator discourages you from involving a lawyer, it’s important to reconsider and ensure you have the legal support you need.