What happens to mediation if my spouse gets angry and refuses to consider my rights? Won’t I need an attorney, who is used to arguing with parties, to look after my interests?
All mediators are well trained in working with angry parties and have strategies for managing discussions that become heated. It is the mediator’s responsibility to see to it that the rights of both parties are protected and that the discussion continues in an emotionally safe environment. All parties deserve the right to suggest solutions in an supportive and “risk free” environment. There is no need for the combative and aggressive posturing of a litigation attorney in mediation. In fact, the presence of such an individual is counter productive to the mediation process.
However, many people find it helpful to retain the services of a “mediation friendly” attorney. These attorneys work with parties outside of the mediation process and will work with the individual to review the terms of the agreement as it evolves during the mediation process. This attorney would also provide legal advice. At Central Massachusetts Mediation, we have a list of such professionals and are happy to make that information available upon request.