The “Mediation Friendly” Attorney

{2.9 mins to read} I have often heard mediators say that they recommend that their clients each see a “mediation friendly” attorney for legal advice either during or after the mediation process. But I do not believe that sending them off to separate attorneys is a good idea, regardless of whether or not the attorney is “mediation friendly.”

Isn’t it the role of an attorney to advocate for his or her client? Does that mean that a “mediation friendly” attorney would not? And if not, what then is his or her role?

For example, let’s say that, after reviewing their respective incomes and expenses, a couple agrees that the husband will pay $1,000.00 in support per month for 5 years. At the conclusion of the session, the mediator recommends that each party see an attorney for “advice” as to whether this is the correct amount of support for the correct length of time. Since the mediator does not want the couple to wind up in a legal battle, he or she recommends that they each see a “mediation friendly” attorney.

• Would the husband’s attorney tell him that he was paying too much, or paying for too long a period of time?

• And would the wife’s attorney tell her that she should receive more and for a longer period of time?

After all, isn’t it the responsibility of each attorney, “mediation friendly” or not, to make sure his or her client pays as little as possible if the client is the payor and receives as much as possible if the client is the recipient?

It seems to me that many of us in the mediation community use phrases and words without giving it much thought. We tell a couple that they each need an attorney to tell them if an agreement they have created is fair, but that they should see a “mediation friendly” attorney so they do not jeopardize the agreement.

I am not saying that there is no place for a lawyer in a divorce. But why can’t the couple use one attorney who can provide each party with the information he or she needs to determine if the agreement they have reached will provide each of them with the best possible outcome under the circumstances?