Mediation Works: Protecting your Rights

Q: If I use mediation, how can I be sure my rights are protected? 

A: Mediation does not protect your legal rights. The mediator has no duty to analyze, assert, or defend the legal rights of either spouse. The mediator is not your attorney. Throughout the mediation and before it even begins, a professional mediator will encourage you to speak with a lawyer anytime you have a question about your legal rights or want legal advice. In addition, the mediator will encourage you to obtain legal advice before you sign a mediated agreement. The mediator will not impose any decision on you, nor will your spouse be able to impose any decision on you, in mediation. 

So why bother with mediation if you need an attorney anyway? Mediation is not an alternative to legal advice; it’s an alternative to the adversarial process. Sometimes that distinction is a hard one to make. Believe it or not, a lawyer can give you legal advice without ramping up for litigation.

Mediation is an excellent process that will save you and your spouse tens of thousands of dollars, keep you out of court and in control, and allow you to create a mutually acceptable arrangement that is specific to your life.

Your attorney will insure your rights are protected. You decide what’s best for you and your family. Your attorney should review your agreement before you sign it to make sure your stated intentions are satisfied by the terms of the agreement. Nobody wants surprises or unintended consequences.

Philip Mulford operates Mulford Mediation, a full-time professional mediation firm. His writes a regular column called "Mediation Works," for divorce360. He has more than 18 years of experience in mediating divorce, separation, child custory and other issues with divorce. He can be reached at pmulford@rcn.com.