In appropriate cases, I will meet with new partners. I meet with both lawyers from time to time as needed. When the parties reach an agreement, I prepare a Memorandum of Understanding. After I have reviewed the draft with the parties, I send it to their lawyers to review with the clients. Once everyone is content with the Memorandum of Understanding, it becomes the Separation Agreement.
Mediation changes the role of lawyers from adversarial negotiators to legal consultants.
The parties become the primary negotiators in mediation. The role of the lawyers is to advise their clients throughout the mediation process on their legal rights and obligations. The parties cannot make competent and informed decisions without sufficient legal advice. The lawyers will also review the Memorandum of Understanding and see their clients sign the Separation Agreement. A mediator is a neutral person who is trained to help people talk so that the parties can better understand their problems and reach an agreement.