Divorce Mediation Blog


Wednesday, February 06, 2013

Lawyers who are representing clients in divorce mediation sometimes ask us: what are we supposed to do? It is an important subject matter, and one of interest to the bar, as evidenced by the inquiries that we have received.

It is entirely understandable for divorce lawyers to question their role in this process because lawyers are taught from the day they enter law school (and from exposure to our culture long before) that lawyers are required to provide zealous representation for all clients, divorce and family law parties included. This notion is embodied in many codes of ethical conduct and it denotes fighting for one’s “rights”, or less dramatically, working to get the best possible outcome for the client.

Yet, divorce mediation and other family law mediation matters, are not geared to getting the best possible result for either party; but one which both understand fully, and one with which they both can live, while doing as little damage as possible to the functional relationship of the parties (in some cases improving it perhaps) and minimizing the damage to their collective finances. In some cases, we even find ways to “expand the pie” and find a beneficial outcome for both parties.

So, how is a lawyer working with a client who is not looking for zealous advocacy and actively does not want it, supposed to function? In the next two entries we will discuss this question in two contexts: the lawyer assisted-mediation and the lawyer-attended mediation. (In earlier entries, we discussed this distinction at some length, and we invite you to review those pieces, too.)

Get e-mail notifications of new blog posts! Enter email address below.:

Delivered by FeedBurner

other articles

recent posts


Divorce Major League Baseball Arbitration family support IRC §2704 Boston divorce arbitration Uniform Arbitration Act alimony statute divorce lawyers Massachusetts divorce mediators lawyer traditional negotiations Baseball Arbitration special master med/arb alimony reform legislation Levine Dispute Resolution divorce arbitrator alimony Self-adjusting alimony orders alimony orders pre-ARA alimony Massachusetts alimony and child support Levine Dispute Resolution Center Alimony Reform Act Family Law Arbitration mediator Chouteau Levine LDRC lawyers family law Levine Dispute Resolution Center LLC divorce mediator private dispute resolution health insurance how baseball arbitration works annulment dispute resolution divorce mediators facilitated negotiations Cohabitation family mediation Same Sex Marriage Defense of Marriage Act child support Obamacare divorce and family law mediators General term alimony The Seven Sins of Alimony Child Support Guidelines divorced Baseball Players arbitration family law mediation lawyer-attended mediation divorce arbitrators disputes divorce and family law Twinkies Massachusetts alimony arbitrators mediation Massachusetts Lawyers Weekly divorce mediations resolve disputes Act Reforming Alimony in the Commonwealth SJC mediators conciliation family law arbitrators DOMA support orders litigation MLB labor agreement fraud family law arbitrator COLA family and probate law disputes divorce litigation self-adjusting alimony health coverage rehabilitative alimony Divorce Agreements alimony law med-arb mediations medical benefits Levine Dispute Resolutions arbitrator Massachusetts Alimony Reform Act Massachusetts divorce mediation divorce judgment separation divorce process divorce agreement Matrimonial Arbitration high-risk methodology Massachusetts lawyers Baseball