Do I Need a Divorce Lawyer for Mediation?

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By: Bill Henry
PublishedOct 12, 2021
2 minute read

Having an attorney at mediation could give you a winning edge.

If you’re getting divorced, Colorado courts will require you to attend mediation. Judges would much prefer that you and your soon-to-be ex can come to a divorce settlement outside of the courtroom. This short article explains how an attorney can help you make the most of mediation.

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A Lawyer Can Benefit You at Divorce Mediation

In Colorado, divorcing couples are required to take part in mediation. A mediator is a neutral, detached, unbiased, third party who aims to help you and your spouse reach a middle ground in your divorce settlement.

Many of our clients and potential clients ask us, “Do I need a divorce lawyer for mediation?” The answer is, no, you do not need a divorce lawyer for mediation. But, a lawyer will definitely give you an edge at mediation, maybe even the winning edge.

What It’s Like in Mediation Without a Lawyer

For people who are not divorce lawyers, you probably do not know what the court could potentially do in your case, what it’s likely to do, and what it might never do.

With that in mind, let’s say you go to mediation all alone. Would you know whether the concession you are about to make is a good one? Is it a concession the court might do anyway so you would not need to make it? On the flip side, would you know if you are making a request that the court would never order in a million years?

What It’s Like to Have a Lawyer in Mediation

A seasoned divorce lawyer has seen just about every scenario you can imagine. They know what is typical for a family court judge to order in a case, and they definitely know what a court would never agree to. So, if you go to mediation with a lawyer, right off the bat you are in better shape than you would be if you went by yourself.

Your lawyer is going to be able to tell you when the concessions being offered to you are actual concessions. Your attorney will know whether you’re requesting something the court is unlikely to do.

We should note that while the mediator is a neutral third party, they do have a motive in the mediation, and that’s to work you and your spouse more towards a middle ground. Therefore, having a divorce lawyer for mediation – someone to advocate for you – helps quite a bit.

Get a Colorado Divorce Lawyer for Mediation 

If you are going to mediation, have something scheduled, or mediation is something that you’re contemplating, schedule a meeting with a member of our Family Law Team. Call 303-688-0944 or click here to set up the meeting online.

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