Can A Mediator Provide Legal Advice On Divorce?

mediation divorce questionsBy Daniel L. Lambert

Mens Divorce Attorney, Cordell & Cordell

Typically in a divorce and child custody case where the parties cannot agree to a parenting time schedule or to child custody agreements, then the parties are sent to mediation.

The mediator does not represent either party and cannot provide legal advice on divorce. The mediator may provide an explanation of the legal system and the law, but is prohibited from providing actual legal advice.

The assigned mediator may or may not be an attorney. The mediator is appointed by the court to help the parties reach a mutual agreement on placement and custody.

It is important to understand that different mediators use different tactics to encourage the parties to reach an agreement.

Although the mediator may strongly encourage the parties to reach an agreement on child custody, neither party is required to do so under the law. If the parties are unable to reach an agreement on child placement through mediation, then a guardian ad litem is appointed by the court to represent the best interests of the child.

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Once the guardian ad litem is appointed, both parties will have the opportunity to present a case supporting their desired parenting time schedule. This would be the time that you present your case highlighting your parenting abilities and addressing any negative parenting issues your spouse may have.

The level of investigation and interviewing will vary by the guardian ad litem. After the guardian ad litem completes their investigation, they will provide a recommended child custody plan to the court that they believe represents the best interests of the children.

Though the recommendation is not the final word, the court will more often than not accept the guardian ad litem’s recommendations and incorporate them into any permanent orders.

Because of the court’s heavy reliance on the guardian ad litem’s recommendations, it is important that you understand the relevant factors considered by the guardian ad litem and be prepared to present a cohesive argument why increased parenting time with the mother to your detriment is against the child’s best interest.

Hiring a mens divorce attorney can greatly benefit you by providing guidance through the legal system and advancing your goals through the court.

At Cordell & Cordell many of our divorce lawyers for men have worked as guardians ad litem and possess the knowledge and skills to effectively present your case to the guardian ad litem.

 

divorce lawyer Daniel LambertTo schedule an appointment with a divorce attorney, including Daniel L. Lambert, an Associate Attorney in the Milwaukee, Wisconsin, office, please contact Cordell & Cordell Law Firm.

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