MEDIATION AND LEGAL ADVICE
IN VIRGINIA AND MARYLAND

 Mediators throughout Virginia and Maryland will tell you that they are not allowed to give legal advice.  Mediators are neutrals whose job it is to facilitate communication between the parties and to use the mediator’s specialized skill set to help the parties reach a solution to their issues.  If the mediator gives legal advice to both or either party to a mediation, that mediator is stepping into the role of an advocate and abandoning the role of a neutral.

 That being said, in Virginia and in Maryland, your mediator will stress your option and your right to discuss any legal issues with an attorney and to have an attorney review the parties’ agreement prior to the signing of the Memorandum of Understanding.  Of course, the parties are not required to consult an attorney, although, it is encouraged.

 Some people choose to discuss their situation with an attorney prior to engaging in mediation; some consult with attorneys between sessions and/or before signing their agreement.  Still others choose to have their attorney present with them in the mediation.  In the later situation, the mediator will discuss with the parties, the role that their attorneys will play during the mediation sessions. 

 In Virginia and Maryland, divorcing parties who are able to resolve their marital issues through mediation are then able to proceed through the Court in accordance with the uncontested divorce procedure.  The parties can use their attorneys to prepare and file the appropriate pleadings and to appear in Court for the Ore Tenus hearing. 
 
 Regardless of the manner in which you would like your attorney to assist you, it is important to work with a “mediation friendly” attorney.  While your attorney’s function will be to protect your interests and to provide advice, you will not want your attorney to derail the mediation.  Attorneys who do not understand the mediation process or attorneys who do not recognize the benefits of mediation may disrupt the parties’ progress.  When searching for an attorney, it is important to ask questions of the attorney to determine the attorney’s understand of and comfort level with mediation and to ensure that your attorney will provide you with the support you need should you choose to engage in mediation.

Contact the SRIS Law Group for help with mediation & legal advice in Virginia & Maryland.

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