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DO I NEED TO BE REPRESENTED
BY AN ATTORNEY AT MEDIATION?
Mediation can take place with or without attorneys present. Once a case has
been filed, most judges will order mediation before a final hearing takes place
and under these circumstances, the husband and wife are often accompanied by
their attorneys at the mediation conference. There are also people who
have been advised by attorneys but choose not to bring their attorneys to the
mediation session. And, of course, there are cases in which the parties
simply choose not to hire attorneys at all and still settle their issues through
the mediation process. This type of mediation is often referred to as “pro
se” mediation. All of the above are acceptable approaches to mediation.
WHAT ROLE DOES THE MEDIATOR
PLAY IN MEDIATION?
The mediator acts as a neutral facilitator to help the parties work out their
own agreement. The mediator can suggest options on matters of custody, visitation, child
support, division of marital assets and debts, and health and life insurance.
Any issue that can be dealt with and resolved in litigation can be settled in
mediation, just more expeditiously and with substantial savings of attorneys
fees and costs.
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