Is a separate attorney for each party necessary?
Although Andrea is an attorney, and can provide legal information to both parties, she does not act as an advocate for either party. If either party wishes to consult with an attorney during the mediation process, he or she is free to do so, and, at a minimum, should consult with an attorney before signing the separation agreement or any other legal document.
Yes. At the beginning of the mediation process, each party is advised to hire independent counsel to advise and consult with throughout the mediation process. The number of hours each party’s attorney spends as a consultant is usually significantly less than would have been spent during adversarial negotiations or court proceedings. At the end of the mediation, if the parties have settled on the terms for a separation agreement, the attorney mediator drafts the agreement. Each party then has his or her attorney review the agreement.
