Frequently Asked Questions about Divorce Mediation

• What do I look for in an attorney?

   

  In a mediated divorce, your attorney will have the following roles:

   

  • Reviewing the Memorandum of Understanding
  • Preparing the Property Settlement Agreement and other legal documents
  • Making your filings with the court
  • Attending the hearing with you
  • Giving you legal advice

   

  Your attorney will not be doing any negotiating for you.  That is done with the mediator and your spouse, which is where you save a lot of time and money.

   

  Much like hiring the mediator, you'll need to find a lawyer that is both competent and one that you're comfortable with.  You do not need an attorney when you start mediation.  We will discuss selecting an attorney as part of the mediation process.  I expect my clients to have an attorney in place my half way through the mediation.

   

  I can provide you a list of mediation-friendly attorneys for you to consult with.  The couple cannot be represented by the same attorney and the mediator cannot act as an attorney for either party.  All of these represent conflicts of interests and violate numerous ethical rules.

   

  Here are some questions you can ask a review attorney:

  • How do you feel about mediation?
    • If the attorney is not favorable towards mediation, you probably should call another one.
  • How many divorces have you handled in the last few years?
    • Make sure that you hire a matrimonial attorney.
  • How much will your retainer be if we use a mediator?
    • Should be $1500 to $2500 (for each spouse).
  • What is your hourly billing rate?
    • Should be $150 to $300 per hour.
  • How do you charge for telephone calls?
    • Generally billed in 10 to 15 minute increments.

   

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