Divorcing couples are increasingly turning to mediation to resolve the issues in their divorces. Some family lawyers see this as a threat—an encroachment upon their turf, a challenge to their primacy. Others see mediation as a convenient way station for cases that are too small to justify, much less support, significant legal expense. To them, mediation is a process separate and apart from what lawyers do.
But a growing number of family lawyers are coming to appreciate that although they frequently operate from the sidelines in divorce mediation—since most, if not all, of the mediation sessions are conducted without counsel at the table—they nevertheless have a vital role to play and can add real value to the mediation process.
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