Mediation in Family Law-What is the Lawyers role?

Answer 1

* Determine the identity of the mediator(s). * Consider whether the mediator's experience is relevant to the issues in your case, e.g., a mental health professional for a case with complex psychological issues, a lawyer for a case with complex financial issues. * Determine (from your own experience or by talking to others) whether the mediator has any biases that may be relevant to the case or a relationship with opposing counsel that could adversely affect your client. If so, seek to change mediators if that is possible. * If the issues of the case are too complex to be addressed in the usual number of mediation sessions, tell the mediator beforehand. * Ask the mediator whether all communications to him or her should be copied to opposing counsel and whether he or she will speak to you on the phone. * If there are declarations, affidavits, or orders filed with the court that are important to the mediation, make sure they are made available to the mediator. * Find out whether the mediator will be asking your client to sign any waivers or releases and advise the client accordingly. * Be cautious about allowing your client to waive psychotherapist privilege (his or her own, or the child's). * If necessary--if the client or other party is uncomfortable without it--develop a specific co-parenting plan that the parties can follow prior to mediation. * Discuss the mediation process with the client. (See "Mediation in Family Law-What should someone know?" checklist [mediated].) * If the mediator is a mental health professional who is not experienced at crafting agreements, seek to draft the final agreement yourself, or have your client present a detailed plan for co-parenting at the mediation session.