781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

DIVORCE MEDIATION: WHAT’S A LAWYER TO DO? Part 1 (Introduction)

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


tags

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