It is important to remember that a mediator cannot give either party legal advice. Mediation is not a substitute for the services of a qualified family law attorney. Each party is encouraged to obtain independent legal advice during the mediation process and to have the final agreement reviewed before it is signed.
Many parties participate in mediation without attorneys. Sometimes parties who have attorneys will agree to participate in mediation by themselves, with their attorneys available to answer questions during or after the session. However, when both parties are represented it is most common for the attorneys to attend mediation sessions with their clients to advise and guide them throughout the process.