Divorce mediation offers a better way for many couples to separate. This constructive, peaceful process helps you reach agreements outside of court. The process prioritizes cooperation and fairness.
But here is the critical question: If mediation is neutral, do you still need a lawyer? The firm and straightforward answer is “yes.” Having your own lawyer, known as a consulting attorney, is highly advisable for receiving private legal advice and for ensuring you negotiate a fair outcome with a complete understanding of your legal rights.
Understanding the mediator’s role
A mediator is a neutral third party. Their job is to facilitate communication and help you and your spouse find common ground. They guide the conversation, but they cannot give you legal advice, which is a significant, fundamental limitation.
While the mediator cannot provide you with specific, individualized legal advice, they may offer neutral legal information about Wisconsin law to assist your decision-making. However, they cannot ensure the outcome is the absolute best for your personal legal situation.
The consulting attorney’s mandate
A consulting attorney advises you privately, outside of the main mediation room. This crucial separation lets the collaborative process continue uninterrupted while you receive focused legal support.
Your consulting attorney plays a vital role, which includes these key responsibilities:
- Interpreting and applying specific Wisconsin family law statutes on marital property division to your family’s unique financial circumstances
- Advising you on an equitable marital property division and legally sound child physical placement schedules
- Reviewing draft agreements to find potential loopholes or future legal issues
- Acting as your personal advocate to protect your long-term interests
While the mediator focuses on finding common ground, skilled legal representation is crucial to understanding the bounds of your legal entitlements and obligations before you finalize any agreement, ensuring your choices are legally sound and fair.
Experienced divorce attorneys can also help you understand whether your situation is better suited to another form of alternative dispute resolution, such as collaborative divorce or arbitration, or when litigation may be the only way to achieve your goals.
Make informed decisions
Guidance from a skilled consulting attorney helps ensure you make the best decisions possible to reach your goals. You settle based on a complete understanding of your rights, not just to resolve a conflict quickly.
An experienced lawyer’s knowledge of the mediation process and Wisconsin divorce statutes can prevent you from signing an agreement that is unfair, unbalanced or unenforceable. The result is a durable, legally sound final divorce judgment that you can trust.