Good question, but difficult to answer in a word. Ask yourself: “If we were able to sit down and resolve this problem ourselves, would he law be an important factor in our decision?
If the answer is “definitely yes,” then you need legal advice before negotiating a settlement. There is no requirment that you have an attorney attend mediation sessions with you, and in fact, most attorney-advisors do not. Your access to legal advice and information can be an overview by your attorney prior to mediation, additional consultation as needed throughout hte mediation, and a review of the final mediated agreement. Attorneys familiar with mediation are very comfortable playing this advisory role, so that their clients can make informed choices iwhtout invoking the machinery of the courts. If the answer is “definitely no,” then there is no need to engage the services of an attorney before entering into mediation. For that area between the definite “yes” and the definite “no,” you will have to base your decision on your personal needs and interests and the dynamics of the situation.
