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Is a lawyer required for mediation?

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  • Is a lawyer required for mediation?

    The ex has been self representing until now. She applied and received legal aid mediation. However speaking to the legal aid mediator, the mediator is telling her that she requires a lawyer for their mediation?

    Is anyone else familiar with this? It sounds like another "enter the lawyers" situation to me.

  • #2
    A lawyer is NOT required for mediation. If anything, they can end up making it impossible.

    I did mediation without a lawyer. Our mediator did advise each of us to have our mediated agreement reviewed by a lawyer for any major issues, and that is good advice.

    I didn't follow it, but it's good advice.

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    • #3
      The legal aid mediator said she needed a lawyer?

      So even if my ex agreed to LAO mediation, her ruthless pit bull lawyer would have to be there ensuring no ground was gained on settling? What the hell?

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      • #4
        I don't think this is true...

        This week I took my cousin to FLIC, she was referred to the legal aide mediator and she set her up with an appointment for mid-Feb. She never once mentioned a lawyer, said all that was required was for my cousin to attend her appointment, the ex to attend his and then if things go well separately they will get together and discuss.

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        • #5
          nfc4ever:

          My understanding is a lawyer is not required for mediation. As already mentioned it's good advice to have any agreements arising from mediation vetted by a lawyer.

          I'm a newbie here so I hesitate to add much more. Though it sounds to me that there is puzzle piece missing in what the mediator said.

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          • #6
            ^^^Mike is correct, mediation is supposed to be between the couple and the mediator, (when lawyers are involved it becomes WW3 and nothing is accomplished IMO).

            Whatever is suggested by the mediator and/or agreed to by the couple, can later be looked over by each party's lawyer, drafted into an official document to be signed and then filed with the courts.

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            • #7
              Thanks everyone. That's what I thought too, and was consistent with what my lawyer told me months ago.

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