Knowledge Base

We chose mediation;
     do we still need an attorney?


October 1, 2004
Written by CMDR Staff

We chose mediation; do we still need an attorney?

Just as there are many questions, there are many different answers.

Frequently, attorneys refer their clients to our office; of this group, some consult with their attorney throughout the process checking on ideas, getting suggestions and seeking input. While others wait until they have an agreement to return to their lawyer for review and filing (going to court).

Then there are those who do not even hire an attorney until they actually have an agreement. These clients use an attorney simply to review the agreement and prepare the filing papers necessary to take their agreement to court. Even within this group there are variations. At times only one spouse retains an attorney, with the other spouse electing not to secure representation.

At CMDR, we recommend that each client have the agreement reviewed by an attorney who will look at the document strictly from the perspective of his/her client, with understanding and respect for the mediation process. In short, the lawyer needs to view the agreement as a document fashioned for the well being of the whole family, not just one person. As such, the reviewing attorney needs to be able to look beyond his/her client’s needs viewing the “goodness” of the entire package.

More Answers About Mediation & Attorneys:

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