Should I Hire a Lawyer if We Are Pursuing Divorce Mediation?

 Posted on October 18, 2022 in Divorce

Texas state law encourages parents to handle legal disputes using methods that allow for peaceful resolution. One of the best ways to peacefully get divorced is by using the help of an experienced divorce mediator. You may choose to use a lawyer who is also a mediator, or a mediator who is a marriage counselor, social worker, or psychologist. That is up to you. However, even if you and your spouse are committed to resolving your divorce through mediation, it is still important to have a Texas divorce attorney representing you. Here is why. 

An Attorney Gives You Legal Advice and Representation

While a mediator is essential for helping feuding spouses identify where they are in conflict and prioritizing resolutions to their problems, a mediator cannot offer legal advice to either spouse and cannot prioritize the well-being of one spouse over the other. This means a mediator may suggest a resolution that is decidedly against your best interests. Without the advice of an attorney who is looking out for you, you may agree to something that would put you at a significant disadvantage in the long term. 

An attorney who will help you with the mediation process should be equally committed to helping you avoid court litigation. She should be able to provide you with consultations as needed. However, she should also be able to advise you about the limits of the law and provide warnings when mediation may not be working to your benefit. 

How Can I Pick an Attorney Who Will Work With Our Mediator? 

Generally, your attorney will not be with you during your mediation meetings. Having attorneys present tends to lessen each spouse’s ability to work cooperatively with each other. However, it is still important to choose someone you like and who will work carefully on your case. You can do this by carefully interviewing prospective attorneys and making sure they have experience with couples who are using mediation. Make sure you understand an attorney’s fee structure and ask them whether they would be comfortable letting you know if an agreement would be against your interests. 

Call a Tarrant County Divorce Mediation Lawyer

No matter your preferred divorce strategy, you are much more likely to secure a favorable outcome when you have the representation of an experienced Hurst, TX family law attorney. At Daniel R. Bacalis, P.C., we respect your preferences and will work to move your divorce forward with respect. Schedule a free consultation with our office today by calling 817-498-4105. 

Source: 

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm#154.023/