What a lawyer can do in mediation
- Advise you privately during breaks on the legal implications of proposed agreements
- Help you understand your rights and entitlements before and after the session
- Review any draft agreement at the end of the day before you sign
- Assist with formalising the agreement into consent orders or a binding financial agreement after the session
What a lawyer should not do in mediation
Mediation is a facilitated negotiation, not a court hearing. A lawyer who interrupts, advocates aggressively, or turns the session into a legal argument can undermine the process. Good mediation lawyers understand the difference between advising a client and running a case.
Does the other party need to agree?
Typically, both parties should be informed if a lawyer is attending so neither side feels ambushed. If one party has a lawyer, the other may also wish to bring one or take independent legal advice before the session.
Getting legal advice before you mediate
Even if you do not bring a lawyer to the session itself, we recommend getting independent legal advice before mediation on property matters — particularly superannuation splitting and the range of outcomes a court might award. This helps you negotiate from an informed position.
See our family lawyers directory if you need a referral.
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