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


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