When parties engage in divorce mediation, they may hear the term “review counsel” and wonder what their role is in their mediation process. Even though mediators are usually attorneys, they are not able to provide legal advice when it comes to the parties’ rights and obligations in a divorce mediation. Therefore, the mediator will recommend that the parties secure independent counsel from the beginning of the process, so each can review their agreement with their respective counsel and seek advice as needed.
It is important to obtain review counsel that is familiar or practices divorce mediation, as they can be sensitive to the process and provide appropriate support. Review counsel will advise you as to what topics to discuss and share information regarding division of assets and liabilities, child custody, child support, alimony, etc.
Review counsel does not participate in the mediation sessions. However, you may discuss issues that will come up in an upcoming mediation session and be better prepared, or ask questions that you do not want to ask in front of the other party.
The role of review counsel is to ensure that your divorce agreement is fair and equitable as well as well-informed. Having review counsel is not required, but highly recommended, especially if the other party is retaining review counsel.
Give us a call today at 203-917-3506 or contact us online to learn more about how we can assist you in your divorce mediation process.