A Separation and Divorce Mediator should always recommend that each party seek attorney advice to help each party develop an understanding of what would likely occur if your case were tried in a court of law and decided by a judge. Sometimes, typically where there are no children, a short marriage or few assets, the parties care more about what they need and want, than what a judge might decide for them. Therefore they often don’t want or feel they need to seek legal advice. Sometimes parties feel they cannot afford lawyers and if they feel satisfied with their agreements, they feel that is the best legal course of action that they have available to them. No matter what, the Separation and Divorce Mediator can provide legal information but never legal advice to either party, because to do so would breach the mediator’s neutral status and ethical responsibilities. The Attorney Mediator may draft the parties’ core agreements into a mediated memorandum of understanding, but without the legal formatting and the traditional “boilerplate” language of a formal Agreement. However, the Attorney-Mediator will only draft a formal Separation and Marital Settlement Agreement where the parties each agree to have the Agreement reviewed by their independent lawyers.
