Thinking About Divorce Mediation
Many people assume that choosing mediation means they do not need a lawyer. It is a common misunderstanding and one that can be costly. Mediation is designed to help you and your spouse reach an agreement with a neutral third party. Less conflict. Less time in court. Often less expense. That all sounds positive.
Here is the catch. The mediator is not your lawyer. The mediator is not a judge. The mediator cannot give you legal advice or make sure the agreement actually protects you. Without your own attorney, there is no one reviewing the agreement to ensure it safeguards your rights or future interests.
What a Mediator Does and Does Not Do
A mediator helps both sides communicate and work toward a settlement. The role is neutral and focused on reaching agreement. Because the mediator must remain neutral, they cannot tell you what is in your best legal interest or warn you about potential financial or custody risks. That means important details can be missed—details that might determine your financial stability or parenting rights after the divorce is finalized.
Risks of Going Through Mediation Without a Lawyer
Clients sometimes leave mediation thinking everything is resolved, only to discover problems later. Common issues include:
- Retirement accounts not divided properly and the need for a QDRO
- Parenting plans that are too vague to enforce
- Rights given up without understanding the impact
- Missing tax considerations or deadlines
- Incomplete or inaccurate financial disclosures
Once an agreement is signed and filed, fixing mistakes is harder and more expensive. A lawyer can identify these risks before you sign, saving you time, stress, and money later.
How an Attorney Protects You During Mediation
Having your own lawyer during mediation is not about creating conflict. It is about ensuring fairness and long term protection. An attorney can:
- Make sure financial disclosures are complete and accurate
- Catch missing pieces such as retirement orders, tax issues, and deadlines
- Help draft a parenting plan that is specific and enforceable
- Protect you if there is an imbalance of power or pressure to agree to terms that are not fair
- Review every document before you sign
Mediation can be a great tool to avoid trial, but only if you walk in informed and walk out protected. The safest way to do that is to work with an attorney who understands both the mediation process and your long term financial and family goals.
Other Considerations in Divorce Mediation
Even in amicable cases, legal guidance ensures that issues like taxes, insurance, and retirement benefits are handled correctly. You might also discuss whether mediation is binding in your state, how to file your agreement with the court, or whether it is appropriate if there has been a history of domestic violence or power imbalance. Understanding these factors ahead of time can make mediation more productive and reduce surprises later.
Walk Into Mediation Informed and Walk Out Protected
Mediation is a useful path to resolution when it is supported by solid legal advice. The safest way to use mediation is with an attorney in your corner who can review each agreement before it is signed and confirm that the outcome works for you in the long term. As Melinda Previtera, Esq. explains, mediation can save time and conflict, but only if you know your rights and have the right protections in place.
Schedule a Consultation
If you are considering mediation, do not do it alone. Speak with our team first. We will help you understand your rights, review your options, and ensure your final agreement supports your future.
Petrelli Previtera has deep experience guiding clients through mediation with the right legal protections in place.
If you are considering mediation, do not do it alone. Speak with our team first. We will help you understand your rights, review your options, and ensure your final agreement supports your future. Getting started is simple—schedule a consultation with our divorce attorneys to discuss your situation and learn how we can help you approach mediation with confidence and protection.