Why Do I Need a Lawyer for Mediation?

Many clients come to us for mediation with the assumption (and hope) that they will not need to use lawyers in the process. We quickly let them know that in a mediated divorce, having an attorney with whom to consult will not only help you make informed decisions during the process, but will also protect your interests in the long run.

In short, your lawyer will provide you with legal guidance that can prevent costly mistakes.

Mediators serve as neutral facilitators in a divorce. They help guide the discussions as you and your spouse negotiate the terms of your divorce. The mediator does not represent or provide legal advice to either party. This is why we recommend hiring a consulting attorney whose role is to focus solely on your best interests, explain legal terms, and help you understand your rights and the impact of your potential settlement.

Mediation involves complex issues, from dividing assets to determining child custody. A consulting attorney can make you feel more confident in dealing with these important decisions. Your lawyer will explain the consequences of different settlement proposals in a way that makes sense to you, helping you to make the best choices for your situation.

One of the biggest fears people have about divorce is the cost—both financial and emotional. Some believe that involving lawyers will lead to conflict or drive up expenses. However, skipping legal advice can lead to costly mistakes. Imagine spending months negotiating a settlement only to have a lawyer review it later and point out that the terms are unfair or not in your favor. Consulting with a lawyer early on can prevent these issues, help to finalize a strong agreement, and potentially save you money in the long run.

If you are worried about hiring a lawyer because you fear they will push for a more aggressive approach, rest assured that mediation-friendly attorneys are different. These lawyers are focused on helping you reach fair agreements, not starting unnecessary conflict. Their goal is to support you in making informed decisions and finding resolutions that work for you without engaging in a “win at all costs” mentality. The mediation-friendly lawyers we recommend are either mediators themselves or have proven to be excellent advocates for our mediation clients without being adversarial.

If you want to feel confident as you start the mediation process, consulting with a lawyer beforehand will help to set you up for success. A single consultation can give you a clearer understanding of your rights, the law, and typical ways to resolve issues. As you move forward in the mediation, staying in touch with your consulting attorney will provide the support and guidance you need to make and consider settlement proposals in the process.

Mediation can be a great option if your goal is to have a more amicable divorce, but that doesn’t mean you should go through it without an advocate by your side. Consulting with a mediation-friendly attorney gives you the insight and reassurance you need to make informed decisions throughout the process. By working with one of our mediation consulting attorneys, you can move forward with confidence and avoid unnecessary pitfalls.

If you are thinking about mediation for your divorce and need reliable legal guidance from a mediation-friendly attorney, contact Vacca Family Law Group today. Our dedicated team is well-equipped to help you navigate the process and understand your rights and obligations. Call us at (646) 502-8591 or visit our website to schedule your free introductory consultation.