NCJ Number
98782
Journal
Mediation Quarterly Issue: 2 Dated: (December 1983) Pages: 13-19
Date Published
1983
Length
7 pages
Annotation
In discussing the role of the nonmediator lawyer in the divorce mediation process, this paper considers the attorney's role in referring clients to mediation, helping during the mediation process, reviewing a mediated agreement, and communicating with the mediator.
Abstract
In deciding whether or not to refer clients to mediation, an attorney should assess the personality, capabilities, and motives of clients to determine whether they would appropriately contribute to and profit from mediation. Other attorney functions in the referral process might include selecting a mediator or providing clients with a list of reputable mediators. During the mediation process, the attorney should remain available to clients to provide information and advice without depriving clients of autonomy in the mediation process. The advisory attorney will also advise clients about the enforceability of the decisions being made and the need for security to ensure the integrity of the agreement. Reviewing the mediation agreement with clients involves exploring the implications of the agreement in the context of applicable law and understanding the clients' personal reasons for accepting the agreement. It is important for the reviewing attorney to ascertain if clients are satisfied with their agreements. Clients, attorneys, and mediators should meet together when the agreement is ready for drafting.