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Do I Need A Lawyer?

Although attorneys may attend mediation sessions, their presence is not required. A trained mediator can help each party think through settlement options. If an agreement is reached, the mediator can reduce the agreement to writing. The agreement is not binding until it is signed by both parties. The parties may decide not to sign the agreement at the mediation because they first want to have it reviewed by their own private attorney. Alternatively, the agreement can be written in such a manner so as to provide an escape clause; i.e., "the parties agree that they shall each visit an attorney of their own choosing within ten days hereof. Either party may rescind this contract within ten days by mailing notice to the other by certified mail." Mediation is not supposed to replace an attorney experienced in the area of marriage dissolution law for each party. A mediator does not give legal advice, so if you have any questions concerning legal rights and responsibilities, it is best to consult an attorney.