Happy Family

Mediation: The Alternative to Costly Litigation

Can I Use Mediation Even If I Have a Lawyer?

Yes. Mediation can occur either before the parties have attorneys or after they have attorneys. It can occur before anyone files for divorce (or a post-judgment motion) or after one party files. The parties can decide if they want their lawyers present at the mediation. Usually lawyers do not need to be present. Having a lawyer present adds a level of formality and adversarial climate that can disrupt the creative process. Joan and Doug advise people to have their agreements reviewed by their own lawyers before signing them. If the parties have attorneys, nothing will be signed until the parties have at least had the opportunity to contact their attorney. It is that simple.

Therefore, mediation is always low risk throughout the process and can end costly litigation and emotional stress, even if the parties have been engaged in difficult litigation for months or years prior to the start of mediation.