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What is the Difference Between Mediation and Regular Attorney Representation?

In regular attorney representation, one party hires an attorney and that attorney represents the party from begriming of the case until a final judgment is obtained, or the client changes attorneys.  The attorney is required to provide advice to the client and seek to obtain the best results for the client.

In divorce mediation, an attorney (or non-attorney) acts as a neutral.  He or she usually informs the parties about the law regarding divorce and seeks to obtain agreements between the parties to resolve all issues.  The mediator also helps the parties complete all necessary forms to complete the divorce process.

However should the parties are unable to reach an agreement in mediation, the mediation will be terminated and neither party may retain the mediator as their attorney to further pursue the case.

Mediation may be less expensive than regular representation, however mediation works best where the parties at least agree to some issues and are not entirely hostile with each other and are both interested in completing the divorce process.

A mediator may also be retained by the parties even when they are both represented by attorneys to seek a private resolution of their case.  The parties may even request that both their attorneys be present for the mediation.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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