Yes!  And often people who do have lawyers decide not to bring them into the mediation, preferring instead to do the negotiating themselves and relying on the lawyers to give them outside guidance, review their agreements, and do the legal paperwork.  We're happy to do it however you wish, and with your permission we'll keep your lawyer informed of the progress of the mediation and consult with them for help in developing settlement options if needed.  We do ask that you let us know if you want to bring your lawyer to a session.  We'll inform the other spouse in advance so he or she can decide whether to bring his or her own counsel too.

When considering whether to hire a lawyer or to go forward in mediation without one, it is important to remember that the mediator’s role is to be neutral, not to take sides.  The attorney-mediator can tell you what the law is and help you to understand settlement scenarios and options.  However, the mediator cannot represent you in the mediation or give you individualized legal advice even if he or she is an attorney.  Only your own lawyer can do that.  If you don't have one, we will gladly give you the names of several mediation-friendly attorneys in your area to choose from who understand the Détente Mediation process and will support your efforts to reach an amicable resolutions.   

In Texas, a written mediation agreement you and your spouse sign is binding with few exceptions.  For that reason, Détente mediators always recommend you consult with an attorney of your own choosing before you sign any final agreements.  When planning for expenses, keep in mind that the mediator will draft a mediated settlement agreement containing all the terms you agreed to that need to be in a divorce decree.  But unfortunately, Texas ethics rules do not allow a mediator to draft legal documents such as a petition for divorce, divorce decree, agreed judgment, etc., even if the mediator is a licensed attorney.  Although it is not a difficult process for your lawyer to incorporate a mediated settlement agreement into these documents, you should be prepared to pay an hourly fee for him or her to do so and to attend a very brief "prove up" hearing at the courthouse to finalize the process .   

Bookmark/Search this post with:

del.icio.us  |  Digg  |  Facebook  |  Google  |  LinkedIn  |  Technorati  |  Yahoo