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The Role of an Attorney in Mediation

Divorce is often a difficult time for parties to endure, regardless of how mutual or amicable in the decision to divorce. Luckily, many are able to reach a resolution regarding certain key elements, such as property division and child custody, through far less contentious and inherently adversarial methods than litigation. The mediation process allows spouses to dissolve their marriage in a much more cost-effective manner that takes less time and generally provides more favorable terms for both parties. Additionally, if children are involved, this approach also allows parties the opportunity to effectively co-parent their children as they move forward.

While mediation is defined by the presence of an impartial and neutral third party who assists in facilitating the negotiation process between parties, this does not mean each party respective attorney cannot play a role.

How Your Attorney Will Help

Your attorney will be taking an active role in many ways throughout this process, including helping you decide which model of mediation best suits your needs. Much like in litigation or arbitration, your attorney will also ensure all documents and pertinent materials are prepared, reviewed, and available during or prior to the commencement of your mediation sessions. How complete these documents are will have a significant impact on your ability to resolve disputes.

Throughout mediation, however, is when your attorney's role and responsibilities will play an even more vital role in the progression of your case. Your attorney will assist you in some of the following ways:

  • Your attorney will offer advice, guidance, and information, but will not speak for you, if you wish to convey your position or thoughts.
  • Your attorney will not challenge or attempt to spar with the other attorney or treat the process of mediation like litigation in any way.
  • Your attorney will be supportive, cooperative and demonstrate commitment to this process. This means he or she will not treat mediation as an adversarial process. Instead, your attorney should acknowledge the importance of working together and searching for solutions, in addition to defining issues that need to be resolved.
  • In private, your attorney will provide information regarding the risks and benefits of all proposals.
  • Your attorney should act in a way that assists you in balancing the risks of accepting or rejecting a settlement offer, as well as the potential complications you might encounter if you were to take your case to trial.
  • Your attorney should assist you in communicating by summarizing discussions or clarifying matters that can be confusing.
  • Your attorney should help you remain focused on the tasks and issues at hand, information presented, and options for settlement. He or she should also help you remain calm if you are dealing with frustrations regarding the process or feeling overwhelmed.
  • Your attorney should make an effort to encourage you to find creative solutions that will help you successfully resolve the dispute.
  • Your attorney should draft all required documents.

For an attorney who is not experienced in assisting clients through mediation, the shift from advocate to advice collaborator might be jarring, which is why it is crucial to choose an attorney who understands and appreciates the opportunity to provide constructive participation.

Mediation Attorneys in Manchester

For parties who wish to avoid a nasty court battle, mediation is an effective way to resolve issues in a divorce through a less hostile approach. At Sekella Law, PLLC, our Manchester family law attorneys understand the value of mediation and are happy to offer quality legal aid that is backed by years of experience. Your divorce does not have to go through litigation. Turn to a team that is knowledgeable and passionate about assisting clients throughout every step of their divorce with compassion and skill.

Call us today at (603) 686-7229 to schedule your case review with one of our Manchester mediation attorneys.

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SekellaLaw, PLLC
222 River Rd
Manchester, NH 03104-2421

Phone: 603-505-4062
Fax: 1-603-623-0399
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