Family,
Alternative Dispute Resolution
Apr. 6, 2018
The role of the law in divorce mediation
While the parties may decide to resolve one or more issues based on their feelings or notions of fairness or other personal considerations, they are entitled to know their legal rights and duties before they make those decisions.
A mediator has a responsibility to tell the parties the law. First and foremost, getting a divorce is a legal proceeding. Whether it is considered a legal problem with personal implications or a personal problem with legal implications, the law that applies to property and support issues is at least relevant, if not dispositive.
Mediators who are not members of the State Bar are either withholding important information from their cli...
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