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Reasons to Have Your Own Attorney During Mediation
Many parties find mediation to be a cost-effective, less adversarial way to resolve family law disputes. It allows both parties to meet with a neutral attorney in a confidential setting to reach mutually agreeable solutions. However, to ensure your rights and interests are protected throughout the process, having your own attorney is invaluable.
Here’s why you should consider having legal representation during mediation:
Safeguarding Your Rights and Interests
While mediators can answer legal questions and assist with procedural aspects to finalize the agreements, they cannot offer legal advice or advocate on your behalf. Their primary role is to facilitate communication and negotiation, while remaining neutral and impartial throughout the process. Without your own attorney, you may unknowingly overlook important rights or agree to terms that aren’t in your best interest. An experienced family law attorney will ensure your legal interests are represented and safeguarded throughout the process.
Understanding the Law
Family law matters often involve complex issues, such as property division, spousal support, child custody, and spousal support. An attorney can explain how the law applies to your specific case, providing clarity and guidance. With this knowledge, you’ll be empowered to negotiate confidently, understanding the potential legal outcomes of your decisions.
Maintaining Objective Decision-Making
Emotions often run high during family law disputes. While mediators are there to encourage constructive and productive dialogue, it is easy to become overwhelmed or reactive during these negotiations. Your attorney acts as a steady, objective advisor, who will help you remain focused on your long-term goals.
Preventing Unfair Agreements
Once you reach an agreement, it will be drafted into a legally binding document. Even small oversights can have significant long-term consequences. Before you sign, an attorney will meticulously review the terms of the agreement to ensure they align with your understanding and protect your interests and rights. An attorney can help you negotiate necessary revisions if any terms appear unfair or one-sided.
Saving Time, Money, and Stress
While hiring an attorney may seem like an added expense, it can save you significant time, money, and stress in the long run. With legal guidance, you are more likely to reach a fair and equitable resolution. Investing in attorney can prevent costly mistakes and provide peace of mind throughout the process.
Navigating the mediation process can be very confusing and overwhelming. At Mello & Pickering, LLP, our qualified family law attorneys understand the complexities of family law disputes and the importance of protecting your rights during mediation. Our attorneys will ensure your interests are represented, help you make informed decisions, and review any proposed agreements to safeguard you and your family’s future. Call our office at (408) 288-7800 for an initial consultation.