In some mediations such as litigation mediations, lawyers attend the mediation sessions. However, in family mediation, rather than have lawyers attend the mediation which can often make the process adversarial, lawyers do not usually attend. Only the spouses and the mediator attend the sessions. You act as your own negotiator and your lawyer, if you have one, is kept informed of the developments in the sessions, usually by you. Your lawyer plays a role since you will need to consult your lawyer and obtain legal advice on the issues that are addressed in the mediation sessions.
Your lawyer will provide legal advise to you at any time during the process since you will require legal advice as to your rights, interests and obligations. Once the mediation sessions are near complete and a draft settlement agreement is prepared by the mediator, your lawyer will review the draft settlement agreement and provide legal advice to you in relation to the matters contained in the settlement agreement. Usually, you will sign the final settlement agreement (often referred to as a separation agreement) with your lawyer who acts as witness and independent legal advisor.
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