Can My Divorce Lawyer Join Mediation Sessions in Atlanta?

One of the major downsides of divorce mediation in Atlanta is the fact that a mediator is completely neutral. One might argue that a mediator takes both sides, but another valid argument is that mediators take no sides at all. When you’re going through a difficult divorce, having someone on your side helps. The obvious person to play this role is a divorce lawyer. But can you bring your divorce lawyer into mediation sessions?

Your Lawyer Can Still Participate in the Mediation Sessions 

Yes, you can bring your lawyer into divorce mediation sessions. In fact, many believe that this is an obvious choice. With a lawyer by your side, you can turn to them for guidance whenever you’re not sure about something. A lawyer approaches mediation with unique insights tailored to your situation and desired outcome that you might not hear anywhere else. Their knowledge of family law could help you weigh up the pros and cons of certain agreements.

Your Lawyer Could Also Help You Choose the Right Mediator 

Note that the involvement of your lawyer often begins before the mediation sessions themselves. For example, your lawyer could help you select an appropriate mediator. This initial decision is more important than you might realize, especially if you need a mediator with a strong enough personality to stand up to a loud, boisterous ex. Further, it is advantageous to give your lawyer ample time to understand your case and how to best position it to the mediator and opposing side.

Does Your Lawyer Really Need to Be Present? 

Spouses who want to save on legal fees should know that having a lawyer present at every mediation session can increase their total divorce costs. For some, this might be a necessary expenditure. For others, a more budget-friendly approach may be more appropriate.

Spouses in the latter camp might choose to hire lawyers to review the final divorce agreement before signing this document. With this approach, you only need to hire a lawyer for the time they spend reviewing the document. They can then recommend changes if needed. That being said, direct guidance and “real-time” advice during mediation sessions can be difficult to replicate.

Do Not Assume That a Mediator Has Your Best Interests at Heart

 Spouses should remember that mediators are not tied to either spouse. In fact, they are trained not to favor either spouse too heavily. As a result, your experience with a mediator will be very different from what you experience with a lawyer. The latter always fights for your best interests, while a mediator might pursue outcomes that force you to make unnecessary sacrifices for the sake of finding middle ground.

Can a Divorce Lawyer in Atlanta Help With Mediation? 

A divorce lawyer in Atlanta may be able to help you navigate mediation in various ways. Divorce lawyers often play a central role in the mediation process, both during discussions and the review of the final divorce agreement. With help from a lawyer, you can avoid agreeing to things that go against your best interests. To learn more about the next steps, be sure to schedule a consultation with Kaye, Lembeck, Hitt & French at your earliest convenience.

Sources: 

dca.georgia.gov/community-assistance/coordinated-planning/intergovernmental-coordination/alternative-dispute

jcaoc.georgiacourts.gov/entity/georgia-office-of-dispute-resolution/