Should I consult an attorney prior to mediation?

By Dorit Goikhman
Founding Attorney

In short, the answer is YES.

While our mediators are attorneys with expertise in the area of law at issue, you must remember that mediators are neutral parties that cannot favor you over the opposing party or vice versa.

A good mediator should also not be offering you individual legal advice.

Instead, a good mediator will use their extensive legal knowledge to help the parties understand alternative outcomes and shape a mutually acceptable and legally enforceable mediated agreement.

This agreement can stand alone (enforceable as a contract), or it can be incorporated into a court order. Either way, this agreement will be enforceable by law.

Because a mediated agreement can have tremendous consequences, it is always highly recommended to consult an independent attorney prior to signing any mediated agreement.

About the Author

Dorit L. Goikhman is a licensed attorney, with years of experience representing clients throughout Central California in business, real estate, and family matters. After witnessing numerous clients spend fortunes and waste years of their lives in litigation, Dorit became interested in mediation and all that it has to offer. Dorit is committed in helping parties work together to obtain a mutually acceptable solution to their disputes at a fair price. Her approach is to keep things simple, confidential, and efficient with the goal of preserving the parties’ assets, reputations, and sanity. If you have any questions regarding this blog, you can contact Dorit here.