The primary function of a consulting attorney is to provide advice and counsel during the mediation process and provide the support you need to advocate for yourself. This is different from a “review attorney” whose primary job is to review the agreement that has been drafted after the mediation process is over. These are 2 very different roles. If you took my previous advice and are interviewing consulting attorneys, these are 3 important questions to ask.
I heard someone suggest that when thinking about New Year’s Resolutions you should think about what you can do that will have an impact in 200-400 years. And that got me thinking about the work I do and how much of an impact it can have on families.
Personally, I want my work to live on through successive generations of families who communicate well and have healthy relationships with others.
When it comes to choosing an alternative to divorcing in court, both divorce mediation and collaborative divorce have their own unique advantages.
Divorce mediation is a private and confidential method of non-adversarial divorce in which the participants advocate for their own needs and concerns without a lawyer present in the room. The mediator will help the parties reach a consensus through a series of 3-way meetings. Although the negotiations are taking place between the spouses, it is highly recommended that each party has a consulting attorney during the process. The mediator is able to provide the couple with legal information, but a consulting attorney can provide a party with individual legal advice. Additionally, the parties may wish to consult other professionals such as appraisers, financial professionals, accountants, and divorce coaches.
Mediation is a great process for maintaining limited involvement with attorneys, but they shouldn’t be shut out completely.
Recently I’ve spoken to a number of potential clients who are about to enter into the divorce process and want to use mediation. These clients come from different backgrounds and have different preconceived notions about mediation, but they all share the desire for an attorney-free divorce. And that is when I have the unenviable task of breaking the news to them: even in mediation, you need an attorney.
A high-net-worth couple going through a divorce can benefit greatly by staying out of court.
Couples with considerable assets (which I will define here as more than $5 million) are often lead to believe that their divorce will be a “no holds barred,” brutal, lengthy process with astronomical legal bills and complicated offers and counter-offers. Because of this belief, many high-net-worth couples assume that mediation or the collaborative law process will not work for them.
They couldn’t be more mistaken. In my experience, the opposite is true; high-net-worth families have more to gain by keeping things civil and private. Unfortunately, many attorneys who practice litigation harbor a killer instinct that grows along with their clients’ assets, and they see a litigated divorce as the only way to satisfy that instinct.