Can a Mediator Also Handle Our Divorce?

You will notice that some family law attorneys are also mediators.  However, please be aware that if you are seeking the services of mediation you cannot later retain the same attorney or law firm to represent you in your family law dispute.

The reason for this is because it creates a conflict of interest.  In mediation you are helping two individuals resolve their problems. While you are facilitating communication and problem solving, you are gathering a lot of confidential information from both sides and it would be a great disadvantage to one of the party’s if you began to represent the other in litigation.  A conflict of interest would also arise in the reverse fashion if you had a mediator who once was your opposing counsel in your case.  

Now in cases where both parties have mediated and resolved their issues, it is possible to retain the attorney-mediator to prepare (the key word here is prepare not advise or litigate) the paperwork to finalize an uncontested divorce.  This type of scenario does not raise a conflict because both parties have resolved their disputes and they merely wish to have their agreement be part of the divorce judgment.  The attorney in this situation is only preparing the necessary paperwork to get the both people divorced and is not giving either party any advice or litigating on behalf of their own interests.  

Mediation is always a great option than going to court because you have the control over your case, you decide how you wish to negotiate your terms and you have the opportunity to address important and sometimes emotional issues that may not be relevant in a court hearing.  The time is well invested and the cost is generally less expenses than going to trial, collecting evidence, or having an attorney do the talking for you.  

Please contact me if this is something that may be useful in your own particular case.  

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