The Center for Divorce Mediation, like many mediators,
requires that couples meet with a consulting attorney prior to signing the
divorce agreement. The role of the consulting attorney is that of an expert who
can educate the client as to his or her legal rights, help the client to
evaluate the options before him or her, and to review the legal paperwork to
make sure the client's rights are protected and the agreement is fair and
reasonable. The consulting attorney's role is that of providing a second
look at the agreement not to renegotiate the agreement. Clients are often concerned with the cost of the consulting
attorney and that the attorney will make the process adversarial. We advise them
that the cost and climate of the divorce can be controlled if the client clearly
defines the role of the attorney. The attorney should help the client evaluate options, think
clearly about future needs, and separate present emotions such as anger and
guilt from the legal realities. When the mediator drafts the final documents,
the attorney's task is to review them carefully with the client, making sure
that they reflect what the client agreed to and that the client fully
understands them. When the client has an attorney who does his job well, the
client is able to mediate the divorce successfully and achieve a fair and
reasonable settlement at a reasonable cost.
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