Should I Retain Independent Legal Counsel During Mediation?
Alternative conflict resolution methods including mediation are designed to reach tenable and amicable agreements without the hassle and expense of litigation. While many mediations are done without the assistance of independent legal counsel, there is a litany of reasons to consider hiring both a mediator and a personal attorney. Before deciding on what is best for you and your family, it is important to understand the role of attorneys in the mediation process, your legal rights, and how each individual circumstance may lead to a different scenario.
The mediation attorneys of Jacobs Berger have extensive experience helping clients through mediation in Morris County towns including Denville, Randolph, Madison, Morristown, East Hanover, Dover, Rockaway, and all of Northern New Jersey. Our firm believes in mediation as an efficient and cooperative means to reach mutually beneficial outcomes for our clients’ divorce or other family law disputes. Our divorce attorneys strive to provide a blueprint for the future so you and your family can feel confident moving forward into your new life. We take pride in offering dynamic and multidimensional legal solutions to address the individual needs and concerns of our clients.
Call our office today if you or a loved one is considering mediation or has already begun the mediation process and has any questions and concerns. Our team of experienced and qualified divorce and family law attorneys will be standing by to speak with you in a comprehensive and confidential case assessment.
Mediation Attorneys Discuss Attorneys’ Role in the Mediation Process
When the terms “mediators”, “mediation attorneys”, and “divorce attorneys” are getting thrown around, it can be easy to get confused. In reality, attorneys can serve clients in more than one way during the mediation process. Our Madison mediation attorneys and our team may be involved in any of the following ways:
Mediation Attorneys – many attorneys are qualified to act as mediators in your mediation process. In this role, mediation attorneys will represent both parties in a neutral fashion. No favor will be shown to either side, and the mediation attorney may not have served either individual previously and likewise may not serve either individual in the future.
Independent Legal Counsel – attorneys can also be hired by one party to be independent legal counsel during a mediation. As discussed above, even if your mediation is being done by a practicing attorney, they will be doing so in a neutral capacity. Many clients prefer to have their own attorney as well to look after their individual legal rights.
Non-Attorney Mediators – qualified and experienced mediators are not necessarily practicing New Jersey attorneys. These individuals are often career mediators who specialize in divorce or family law mediations. However, they do not offer the same protections and assurances which can be given by practicing attorneys.
Divorce and Family Law Attorneys Protect Clients’ Legal Rights During Mediation
It is important to understand that mediation is designed to allow disputing parties to come to a resolution without either party hiring independent legal counsel. For many divorcing couples, this is a perfectly viable option. However, there are a number of considerations to go over before making a decision either way. Our Denville divorce and family law attorneys recommend going over the following checklist and determining whether or not you need independent counsel based on your circumstances:
- Is your mediator an attorney? If so, you may be more comfortable foregoing independent counsel as a qualified mediation attorney should be able to protect your legal rights
- Is your divorce or family law dispute contentious? If so, even a qualified mediator may have a difficult time finding a fair and final resolution to your disputes. Retaining independent counsel may be worthwhile
- Does your divorce or family law dispute involve high dollar volumes? For high net-worth divorce or other financially complex divorces, it may be a wise decision to have an attorney in your corner to protect your best interests
- Does your divorce or family law dispute involve complex issues? While the complex is certainly a subjective term and no divorces are simple, there can be divorces that involve particularly complex child custody, child support, alimony, division of assets, and much more
Contact our Mediation and Divorce Lawyers Today
At Jacobs Berger, our mediation and divorce lawyers take pride in serving clients from local Morris County communities and across all of Northern New Jersey. Our firm has extensive experience helping clients as both mediation attorneys and independent legal counsel during mediation. Our divorce and family law attorneys understand that no two cases are exactly alike, and work with our clients to come up with the legal solutions which fit their unique needs. We reject the cookie-cutter legal service offered by many larger firms and take the time to get to know each and every one of our clients personally.
Please contact us online or through our Morristown, NJ offices by calling (973) 710-4366 today for a confidential and comprehensive case assessment regarding your mediation, your legal concerns, and to find out more about how we can best serve your needs.