What About Mediation?

Often times, couples who are looking for an amicable split look to a mediator or single attorney to find solutions for their divorce or custody issues.  We are often asked to represent both husband and wife in reaching a resolution to these claims.  However, all attorneys are bound by the Rules of Professional Conduct, which prohibits this sort of representation between clients who have a conflict of interest (Rule 1.7). An attorney can not give advice to one client which may be adverse to the interests of the other client.  In a divorce or custody situation, this is unavoidable, and likewise, unethical.

Custody and Divorce mediators are able to sell their services by being an independent party who can draft an agreement between the parties, but can offer no advice to either party.  This can be detrimental to the parties because they may enter into an agreement that is not beneficial to them without any legal advice whatsoever.  Because of this, sometimes mediators are unable to be affective in resolving the issues if the parties have not met independently with their own attorneys to discuss a likely resolution under the law.  Most individuals do not comprehend the extent of what must be resolved in a divorce and what issues arise in a custody situation, and often are not prepared to resolve all outstanding issues without a second opinion.  It is important to meet with someone that knows the legal implications of your custody and divorce, and can advise you in your best interest. Trinity Law’s divorce and custody attorneys are experienced in giving you sound legal advice, while also helping you reach an amicable resolution to your case.

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