When you are going through mediation, does your lawyer need to be present? This is a question that many people have. The answer is: it depends. Our Peak Mediation court-approved mediator shares why discussing preferences with your attorney and mediator is important before your first mediation session.
Attorney and Mediator Preference
You should discuss this preference with your attorney and your mediator first. They might share any personal preferences and can help you weigh the pros and cons of having them present. Your mediator may prefer that you meet them without your attorney, or your attorney may prefer to be there so they can stay well informed about the agreements you make in mediation.
Your mediator and attorney may want to meet together with you and the opposing party as you work towards finalizing your divorce. In these sessions, your attorney can better understand your decision-making process and help prepare strategies for future sessions.
No matter what you, your attorney, and the mediator choose to do, you should always schedule a meeting with your attorney between sessions. In those meetings, you can debrief and discuss the decisions made and the issues you will face in your next session. Your attorney can share relevant information, such as refreshing your mind on your child custody plan, reviewing assets to be divided, or how different child support or alimony payments can impact your life.
Alternate Paths to Divorce
Ultimately, the decision of whether or not to have your lawyer present for mediation should be made after consulting with your attorney and considering all the factors involved. Mediation is a process that can be beneficial for both parties, but it is important to make sure that you are taking all steps necessary to protect your interests.
If you have any questions about mediation or whether or not your lawyer should be present at a Peak Mediation mediation session, please contact us by calling us at (719) 259-5944. We would be happy to discuss this further and answer any of your questions.