• Alan Jacobs

Attorneys at the Mediation Table?


Like Rachel Alexander, generally, in my practice, divorce mediations are intimate, including only the parties and the mediator. This often adds to the sense of confidentiality and privacy. It works well for many clients who want to speak candidly about difficult issues in a safe, unbiased environment.

Sometimes, however, for a multitude of reasons, clients wish to include their attorneys in sessions. A client may feel that by having his attorney present, his rights are better protected or that a power imbalance between the parties is being equalized.

While there are indisputable benefits to including attorneys throughout the process, there are some downsides of which clients should be mindful. When litigation attorneys, unfriendly to and/or untrained in mediation, enter the process, the mediation can morph into a mini litigation.

Conversely, a mediator is trained to look at the whole family and the fallout of an acrimonious, imbalanced settlement. The attorney, in his zealous advocacy, might focus on micro “wins” rather than the macro, long-term big win: a post-divorce functional family and a settlement agreement that will actually be adhered to by both parties. The mediator works from a fundamental, guiding principle that any sustainable solution must include the interests of both parties affected by its terms. If one member of the family “loses,” no family member can escape the ramifications over time.

#BenefitsofMediation #Divorce

2 views0 comments

Recent Posts

See All

What Does a Divorce Mediator Do and Not Do?

Divorce mediation is an increasingly popular alternative to traditional litigation that allows couples to resolve the terms and conditions of their divorce without having to go to court. When success

Making Divorce Mediation Work for You

Mediation is a great solution for many divorcing couples. However, since no settlement can become legally binding without the approval of both spouses, they must be willing to work together to come up