The Difference Between Mediators and Lawyers
A mediator is a neutral facilitator who assists in the divorce negotiations; a mediator does not represent either spouse. Additionally, a mediator cannot provide legal advice to either spouse.
An attorney’s job is to provide legal advice to their client and advocate for their client’s positions and interests.
Not every mediator is a licensed attorney.
Do You Need a Lawyer for Divorce Mediation in Florida?
No, as mentioned above, there are non-attorney mediators. However, an attorney who acts as a mediator for a couple that is proceeding without counsel can provide legal education and provide a structured process for resolving the issues required to be resolved in order to complete a divorce.
If you are using the services of a mediator without an attorney representing you, you should be permitted to retain the services of an attorney to analyze your negotiations before you sign anything binding. At Artemis Family Law, we always encourage parties in a pro se (or unrepresented) mediation to obtain legal counsel as needed throughout the process. It is vital that you understand your legal rights and what you may be giving up.
Situations Where Having a Lawyer Is Especially Helpful
Sometimes you just want to make sure you’re not missing anything and want the comfort of knowing you have an advocate on your side whose job is to provide advice and help you understand the advantages and disadvantages of settling your divorce.
If there are significant assets at stake, it can be helpful to have an attorney at least lay their eyes on the agreement you have crafted to make sure you are not missing anything.
When there is a power imbalance in the marriage, or maybe one spouse is more educated or sophisticated than the other, an attorney can help to correct for that dynamic.
If you are feeling pressured to sign a settlement agreement but something isn’t sitting right with you, an attorney can help to address any concerns you may have in a confidential, private manner that will not necessarily jeopardize the settlement negotiations.
How Lawyers and Mediators Can Work Together
Lawyers and mediators often work together. When a situation arises where one party needs legal advice, all a mediator can do is explain that they cannot provide that, whereas the attorney can help answer questions and help move things forward for one party.
Often, after a couple has worked with a mediator and crafted a draft settlement agreement, it is prudent for each party to have their own attorney review the agreement and advise them before anything is signed. It is important to find an attorney whose goal is to find a resolution because it represents an opportunity for an attorney to blow up the settlement negotiations and push their new client toward expensive litigation.
How Artemis Family Law Supports You
While we cannot do both for the same couple, our attorneys offer either mediation services or legal guidance. It is important to decide from the start if you would like to engage our office for mediation services or for legal representation, as they cannot overlap.
As a solution-oriented law firm that prides itself on helping families avoid drawn out, expensive, and damaging legal battles, we help keep your process uncontested and cooperative, if possible.
Finally, we ensure that the terms of your agreement are properly memorialized in a binding, legal written settlement agreement that is enforceable and durable.
FAQs
Can a mediator replace a lawyer in divorce?
No. While a mediator’s services can be utilized in tandem with an attorney in a divorce, a mediator cannot replace an attorney’s role–a mediator must remain neutral whereas a retained lawyer is an advocate for one client.
Is mediation legally binding without a lawyer?
Mediation that results in a signed written settlement agreement that comports with the legal requirements in Florida will be legally binding, whether an attorney was involved in the process or not.
Can we share one lawyer in mediation?
No. While a couple shares a mediator, they cannot share the same lawyer in mediation–an attorney cannot represent both parties or provide legal advice to adversary parties under any circumstances.
When should I hire a lawyer during mediation?
At any point in mediation you can hire a lawyer to provide advice. Some people wait until the agreement is drafted up, but not signed. Others feel like they need legal advice on a specific issue in order to meaningfully participate in settlement negotiations–perhaps they need a primer on alimony, a better understanding of child support, or a discussion about how inheritances are treated in equitable distribution.
Start Mediation Today
You don’t have to navigate mediation alone. Our team makes sure your agreements are fair, legal, and enforceable. Get clarity and peace of mind with Artemis Family Law.