Can Family Lawyers Be Present During Mediation?

Mediation is a type of dispute settlement where a mediator helps two or more parties reach a mutually agreeable solution to a conflict. Mediation can be a beneficial alternative to the conventional Court system because it is often faster, less expensive, and less adversarial than litigation. One common question in the context of mediation is whether family lawyers can be present during the proceedings.

The short answer is that, yes, family lawyers can attend mediation. In fact, mediators often urge parties to bring their lawyers to provide legal advice and ensure that any settlement decided upon is fair and reasonable. However, the lawyer’s position in mediation differs from that of a traditional courtroom.

The Role of a Family Lawyer in the Mediation Process

A family law attorney can play two different roles in the mediation process. In mediation, a mediator is a neutral third party who facilitates the involved parties’ conversation and assists them in reaching a fair solution to their conflict. A family law attorney that is certified in mediation can serve as the neutral third party.

A family law attorney can also represent a client during mediation in front of a different third party. In this circumstance, a family lawyer’s job in mediation is to advise their client and assist them in navigating the mediation process. Lawyers can help their clients understand their legal rights and obligations. However, lawyers should not act as the client’s advocate in the same manner that they would in Court.

Having a family lawyer present during mediation as either the neutral third party or to represent one of the parties can be especially beneficial in cases involving complex legal or financial problems, such as child custody or property division. Having legal advice in these cases can help ensure that the parties fully understand the ramifications of any proposed settlement and make informed decisions.

Some mediators may promote having an attorney present, while others may not. It should also be noted that having a lawyer present to represent one party during mediation can lead to extra costs, as parties will be responsible for paying their lawyer’s fees.

Call a Compassionate Family Attorney for Legal Guidance Through Mediation

In short, family attorneys can be present during mediation and play an important role in assisting parties in navigating the process and reaching a fair and reasonable settlement. A lawyer’s role in mediation, however, differs from that of a traditional courtroom.

The decision to have an attorney present during mediation is ultimately up to the parties involved. To learn more about how a dedicated lawyer could help you navigate the mediation process or to participate in a mediation with one of our family law attorneys as a neutral third party, call The Colwell Law Group, LLC.

Shawn Antalek

23:20 03 Jun 23

Divorce is probably the most frightening thing I have ever had to go through in my life. Nothing can prepare you for... what you're going to experience - whether that be emotionally, monetarily, or just the sheer amount of knowledge required to navigate through. Picking the right law group and then attorney/lawyer is just the beginning. The options are endless and you can only hope you make the right decision. I was assigned to Marissa Gordon, and words truly cannot express how thankful and lucky I am. From the beginning she was beyond approachable and made herself available for every question/concern/need/etc. in a very timely manner. I cannot begin to explain how scared this whole situation has made me feel, but at the end of the day I felt safe knowing that she was handling my case. Thank you for all the care, consideration, and treating me like a human, not just a number. I know this is a decision I'll never regret.read more

Chris Thomas

18:15 02 Jun 23

Employed Colwell for a custody case. First lawyer seemed disinterested and unhelpful. Was appointed Kyle Starks after... that. He was attentive, reachable, and truly cared about me and my kids. We were successful in large part to his counsel and work. Highly recommend.read more

Jessica Phillips

19:37 30 Mar 23

I contacted the Colwell law group when I needed an attorney. Amanda Iannone-Hens was assigned to represent me and did... an excellent job. She made me feel comfortable and answered my questions in a very timely fashion. Should the need arise, I will absolutely retain her services again. I highly recommend this law firm!read more

Stephen Gomula

19:08 24 Feb 23

Divorce and custody issues are never easy, but the staff at Colwell are amazing and made me feel comfortable and put my... mind at ease. My initial contact was with Lauren. She was professional and made me feel like family. I would recommend Cowell Law Group to anyone beginning the Family Court process.read more

Margaret Delanoy

18:01 31 Jan 23

My Divorce Consultation experience at The Colwell Law Group In Albany was great!Their Client Relations Manager, Jill... Boomhower, is very knowledgeable, kind, personable and responsive to my questions. The expertise of the consultation has made me certain that this is the law group that I want to represent me.read more

Bonnie McCall

12:13 30 Nov 22

The kindness and understanding shown to me when I called this group for help was something I had not experienced... before. Jill explained in great detail what they thought they could do to help me. She spent time and most of all showed me great compassion. I was not prepared for the empathetic response. I highly recommend this group. I felt like they treated me as a family member, not a stranger. This is unusual in a world that sometimes forgets to be humane to one another. I am very thankful to her, and look forward to working with them.read more

Miguel Ortiz

15:51 04 Nov 22

After almost a whole year of feeling nothing but stress on my shoulders, Colwell Law Group has lifted that stress in... every aspect! My attorney, Amanda Iannone-Hens, has been very insightful and vigilant throughout my case. I'm very grateful for what everyone has done for me; from the first time I called looking for help in the little amount of time I had and until now I have nothing but gratitude for this firm and all they've done for me!read more

Jackson Goodman

18:30 14 Oct 22

Very nice people! Very helpful and understanding through the whole process! I feel they went above and beyond to make... things easier and smoother. Very knowledgeable in their practice and easy to communicate with in a timely fashion. Plus they always have coffee. Lindsey Philips was awesome to work with and also my attorney Kyle Starks was awesome too! Would recommend him to anyone!read more

Yu Wang

16:53 01 Oct 22

I like the starting process here. You don’t have to pay a few hundred dollars initial consultation fee just to... understand how the lawyers to handle your case. Instead, you meet with a very experienced customer relationship person to take the background information and arrange the legal support for you. I met with Linsey and very much impressed with her professionalism and compassion. She’s knowledgeable, responsible, and cares. I’m happy with the experience.read more

Katee Breault

23:36 26 Aug 22

I retained Anthony Sokolowski, 17 months into my divorce and custody case. I could not have made a better decision.... Anthony, wanted to understand where exactly we were in the divorce/custody case, so that he could be sure that we were all working together towards a common goal.Anthony was not only understanding that divorce and custody cases are hard, but was also willing to work around my work schedule, always listened to what I had to say, and addressed each and every concern, always made sure that I fully understood each and every possible outcome. Even though this was a hard case to handle, he always made me feel important, and that he truly cared and not that I was just another paying client on his books.I could not have been happier with the decision to retain him for counsel, he went with every twist that this case had, and there was plenty always ensuring me that things will get better, and we are in this together. Anthony took a already hard situation, and made each conversation feel a little lighter with his sense of humor, and kind words. It was nice to finally have counsel that truly cared, and we were working towards a common goal. While working towards a common goal we were finally able to end the case, and everyone is pleased with the outcome. I would highly recommend him, to friends or family in the event that they were dealt the cards I was.Anthony truly is a stunning attorney, with a gentle heart, kinds words, and has a unique ability to be able shed some light on our darkest of days.Thankful for all those i encountered at the firm, but more importantly thankful for Anthony's understanding, and flexibility because this was a tough case, he took it on without even knowing the history of 17 months.read more

NY Analog

13:09 15 Aug 22

Through a yearlong and difficult divorce, Anthony Sokolowski was a skilled attorney who helped me navigate the most... challenging aspects of a divorce and custody battle. He was on top of things throughout, always patient and empathetic. When things got tough he was a strong defender and he had embodied my situation when I needed him to do that.read more

Lucinda Yates

22:43 04 Aug 22

I retained Attorney Anthony Sokolowski for my very difficult and complicated divorce and custody case. Anthony was not... only knowledgeable but personable and I never felt alone throughout process. Anthony was always honest and genuine with me, he was always available and made me feel safe in the fact that he was fighting for my and my child’s best interest. I worked with Anthony for over a year and this held true throughout entire time. We ended with getting what I asked for and the best possible outcome for myself and my child.I highly recommend Anthony Sokolowski for any family law needs.read more

Brenna Rustick

20:46 11 Jul 22

I was referred to this Law Group from a local office and I'm glad I followed through. I was represented by Kyle who... was professional, responsive, and easy to work with. I felt very comfortable with his representation. Thank you....Carmel Reillyread more

David Bellefeuille

14:01 28 Jun 22

My experience was truly enlightening and very welcoming! I spoke with Kito who instantaneously related with my... situation and assured me that the firm could help me and I believe him. Five stars all around. It’s nice to meet people who have the same compassion for fathers rights and actually love to help instead of just pushing papers through. Thanks For all the information and encouragement Kito .read more

Rebecca Linscott

14:04 11 Jun 22

From the very first call, this law firm has been nothing short of exceptional. My family is working with Kyle, who... consistently provides support, dedication, responsiveness, and who utilizes his experience to help us navigate family court and custody. Every interaction is professional, and I would highly recommend the Colwell Law Group.read more