Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 14th October 2023, 09:23 am
Going through a divorce can be an incredibly difficult and emotional time. You and your spouse have to make big decisions about how to divide up your assets, handle child custody arrangements, and more. It’s natural to want guidance during this process. But should you use one shared lawyer to handle your divorce mediation? Or is it better for each spouse to get their own lawyer? There are good arguments on both sides of this issue.
In mediation, you and your spouse work with a neutral third party called a mediator to try to reach agreements on the issues in your divorce. The mediator facilitates the discussion and helps you compromise, but they don’t make decisions for you. Mediation is typically less adversarial than going to court. It also gives you more control over the outcome. Many couples find that mediation allows them to get divorced more quickly and cheaply than traditional litigation.
Mediation can be done with lawyers or without them. Some mediators actually don’t allow lawyers to participate. The theory is that lawyers may undermine cooperation between spouses. But many mediators do permit lawyers, as long as they don’t take an overly adversarial stance.
Here are some potential upsides to using one lawyer instead of separate lawyers for divorce mediation:
Having one lawyer guide you through mediation can be a cost-effective, cooperative approach. The lawyer is there to explain the law and offer advice, not ratchet up conflict. This neutral support can facilitate compromise and speed up the mediation timeline.
Using one lawyer also has some significant downsides to consider:
The ethical rules governing lawyers simply don’t contemplate attorneys representing two opposing parties in the same matter. Expecting one lawyer to juggle duties to you and your spouse is problematic. And if there is any domestic abuse or power imbalance in your relationship, sharing an attorney could be very unfair and unsafe.
If you want legal guidance during mediation but don’t think one shared lawyer makes sense, look into these alternatives:
These options allow you to get personalized legal advice while containing costs and promoting cooperation. You don’t need lawyers at every step of your mediation. But having your own advisor looking out for your interests can give you confidence that any agreements you reach are sound.
If you decide to explore using one lawyer for your divorce mediation, here are some key questions to consider:
A lawyer experienced with divorce mediation should be able to clearly explain how they will manage confidentiality, avoid conflicts, and ensure fair processes. If you have any doubts, it may be safer to consult separate lawyers instead.
Deciding whether to use one lawyer or separate lawyers for your divorce mediation is an important choice. There are reasonable arguments on both sides. To recap some key considerations:
Every couple’s situation is unique. Assess yours honestly. If there are major trust issues or you have concerns about how your interests will be represented, separate lawyers may be the wiser route. But if you and your spouse have an amicable, respectful relationship, sharing an advisor could work.
At the end of the day, you need to be comfortable with the mediation approach you choose. Listen to your instincts about what will set you and your spouse up for the most fair, empowering, and successful process possible.
Trying to sort through divorce options on your own can be overwhelming. For personalized legal advice about mediation and whether to hire one lawyer or two, consult with a qualified family law attorney in your state. Many offer free initial consultations.
Navigating divorce is difficult. Having the right legal guidance can make a big difference. Speak to a lawyer before deciding how to structure your mediation process.
With some thoughtful planning upfront, you and your spouse can set yourselves up for a respectful, efficient mediation. Work with professionals you trust. Ask lots of questions. And choose options that feel like the right fit. This will empower you to successfully mediate your divorce in a way that protects your rights and interests.
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