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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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This Wednesday I am schedule for mediation to modify our

Customer Question

This Wednesday I am schedule for mediation to modify our custody orders over my 7yr old daughter in Collin County Texas in hopes to settle out of court. This is my second mediation after dealing with continuous litigation with my ex who won't stop until I am emotionally and financially drained. Question is, do I really need my attorney present during the mediation? If I know what I am willing to agree to and what I am not, do I need to incur the extra charge of my attorney to just be there?
Submitted: 10 months ago.
Category: Family Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 10 months ago.

Thank you for your patience.

A lawyer is not required for mediation, so you are not obligated to bring a lawyer with you if you feel you can handle the matter on your own.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

Customer: replied 10 months ago.
I know I am not obligated but I am struggling with deciding if I should have my lawyer present. I have spent so money already and I might end up going to trial anyway so I might want to save some money. However, I am too worried about the unknowns to make this decision alone. What might I be missing out on? What are the major benefits of having an attorney there? What are the risks in not having an attorney present?
Expert:  RobertJDFL replied 10 months ago.

When attorneys have a role in mediation, they can assure the parties use all available information and consider the full spectrum of possible settlement offers for the best results for their clients. An attorney will also present a cooperative speaker for nervous clients (you've been through it before, and you don't strike me as being nervous, but many people are).

As an advocate familiar with the circumstances, an attorney can provide a welcome additional perspective attuned to client desires. Attorneys can advise their clients on the applicable law and how their view of the facts will apply, versus how the law would apply to the other side’s view of the facts. Involving a supportive attorney in mediation will ensure the consequences of any settlement are well considered.

Further, parties often regard mediation more seriously when attorneys are involved, and are better able to make a final decision with the help of their attorney. The attorney can explain the consequences of a proposed agreement, thus parties are more informed and likely to feel comfortable with their decision.

A big risk of not having a lawyer is that something comes up which would actually be beneficial or fair or something that your lawyer feels is better than what you might get by going to trial, and you let it go. You've been through mediation once or twice, but your lawyer presumably has been through it a lot more than that and will push for that best possible outcome for you.

Expert:  RobertJDFL replied 10 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page.

Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.