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You definitely need your own attorney for divorce mediation

by | Mar 14, 2019 | Firm News

Couples in Tennessee who know divorce is imminent may decide that mediation is the best way to handle it. Mediation offers couples quite a few benefits. It is generally much faster than a litigated divorce because you can file for an uncontested divorce.

The courts only need to ensure that you comply with any waiting periods and that the terms you reach in mediation comply with state law regarding child support and other concerns. Additionally, mediation is cheaper, in part because it is faster. You will pay substantially less if you successfully mediate the terms of your divorce then you will if you go to court.

Unfortunately, the desire to keep costs low can sometimes lead individuals facing divorce to make the most basic of mistakes. They may choose to go through the process without their own legal representation. Even if you are going through an amicable divorce, you still want to have your own attorney.

Your attorney will stay calm and focused on the goals you set

Mediation often brings up strong emotions for the people going through it. Whether you will find yourself hoping to get things over with quickly or are struggling to deal with anger or grief, those feelings could cloud your judgment.

Your attorney, on the other hand, won’t get emotional during discussions between you and your ex. They will stay calm and help you do the same. More importantly, they will stay focused on your goals, including the desire to secure assets or terms for child custody.

Your attorney can negotiate if you can’t

You may not relish the idea of needing to go back and forth with your ex to try to find compromises. Thankfully, you don’t have to if you have an attorney advocating on your behalf. Your lawyer can negotiate terms with the other attorney. In fact, the mediator can move back and forth between rooms so that you don’t even have to be in the same space as your ex.

Your attorney will make sure you don’t sign something unfair

If you go into a mediation session without neutral assistance, you could find yourself backed into a corner. You could sign a legally binding agreement that benefits your ex and not you. Your attorney will be there to make sure that you do not put your signature on anything that diminishes your rights or benefits your ex far more than you.

Mediation can be an empowering solution to couples ending their marriage. However, to make sure it is fair and successful, you really do want to each have your own individual attorney there, as well as the mediation professional.