If you find yourself entangled in a legal process while separating from your spouse, you can opt for the process of mediation that can be beneficial for you. Almost 90% of divorce cases can get settled through mediation, including cases of high conflict. While it is not mandatory to have an attorney by your side when going through the mediation process, having someone will always be highly beneficial for you to fix the legal parameters of the settlement that helps to establish your rights.
The most significant benefit of appointing a lawyer during mediation is that the lawyer can help to prevent the case from going to the court, which can otherwise be stressful. In most cases, both parties would like to avoid a lawsuit and try to reach at an out of court settlement to avoid high expenses, the prolonged court processes and avoid bad publicity.
How lawyers can help you in the mediation process will be clear on going through this article.
Provide legal guidance and jurisprudence
If you hire a lawyer, who attends the mediation with your spouse, the lawyer will help you and even negotiate on your behalf during the process. The lawyer will first ensure that you obtain full disclosure from your spouse so that all facts are available to you before starting the negotiation. This will allow you to make informed decisions about what you want to include in an agreement. Your lawyer can help you identify issues and narrow it down for resolving so that you can concentrate on the critical legal problems when going into the process of mediation. The lawyer will apprise you of the applicable legal principles, provide a sense about taking reasonable positions around the legal issues that are likely to come up and suggest what should be your aim for an equitable resolution and how it would like.
Participate in the mediation
During the mediation process, the lawyer will be beside you and even speak on your behalf during negotiations that will give you better bargaining power in protecting your interests. Since the mediator does not provide legal advice to either partyor take final decisions that bind them, the lawyer fills the gap by providing legal advice as the negotiation progresses and will clarify the legal terms for your proper understanding. The lawyer will help to overcome roadblocks encountered during the mediation process and provide encouragement to hang on that can facilitate in quicker resolution and arriving at a settlement.
To speed up the process, the lawyers of both sides can draft the agreement as the negotiation go on. Usually, the parties would have agreed upon the terms of resolution by the next day after the mediation and having the agreement in place at that time the parties can sign it and conclude the settlement in full without wasting any time.
The family law case that you were pursuing now comes to an end with proper support from the lawyer.