Photo by  Sam Moqadam on Unsplash Divorce is complicated and one of the challenges is the push and pull between transparency and protecting oneself.  Individuals in a divorce often want to hide information that they are worried will concern their soon-to-be ex-spouse or in some way potentially disadvantage them in court or in a settlement process.  The choice of whether to be transparent about any choice, including the choice to hire a lawyer, has to be weighed against the pros and cons of that decision. As a mediator, I favor erring on the side of transparency.  If you hide something relevant during a negotiation where both spouses are supposed to be able to make informed decisions then you risk the negotiation failing and all future negotiations being conducted without any trust.  In other words, if you want your spouse to be transparent, you have to demonstrate that willingness as well.  This seems more obvious when you're considering keeping relevant i...

In response to our recent article,  I'm in Mediation, do I need a Lawyer too? , mediator  Stephen G. Anderson asked on twitter: We though this was a great question, so here you go Stephen: I've hired a Lawyer, do I need a Mediator too? Even though many mediators are lawyers, mediators perform a very different service than lawyers.  One of the first things I tell my mediation clients is that, although I have a base of legal knowledge to draw from when assisting them, I am not acting as their lawyer when I am mediating.  But if you already have a lawyer, would you want a mediator too?  If you want to resolve your dispute privately, with less cost, and more control, then the answer is quite simply: YES. Because the mediator role is different than the role that your lawyer serves there are numerous benefits to hiring a mediator  to work with you and your lawyers, and some risks as well.  Below is a summary of the pros and cons: Benefit...

A  recent LinkedIn discussion debated the value of consulting a lawyer when participating in mediation.  Here are the pros and cons: Benefits of Hiring a Lawyer while Participating in Mediation: Legal Advice: A mediator can provide legal information but not legal advice.  That's because legal advice is particular to your individual situation and the mediator as a neutral shouldn't be providing advice to either individual.   A Private Sounding Board : Sometimes people are afraid to raise certain issues in mediation because they're not sure if it's relevant or how the other person will react.  A lawyer can help you decide what issues you should raise and the best way to raise them. Education about the Law :  Mediation is a negotiation, and if you don't have a lawyer with you then you are negotiating for yourself.  One of the best ways to do well in a negotiation is to be prepared.  While the mediator can provide legal information, you m...