Why can’t we both agree to receive advice from you – our mediator?
Rules of Professional Conduct prohibit us (or any mediator) from advising you on your legal rights while we’re acting as your mediator. We cannot ethically advise you, and that is to your advantage.
Your lawyer is just that — your lawyer. Your lawyer has a duty of loyalty to you and, in this dispute, to you alone. As mediators we can’t have a loyalty to you over the other person. That is to your advantage. Your mediator works with both of you and for both of you. Like a judge, the law calls us a neutral. Like a judge managing the litigation, a mediator manages the mediation. Unlike a judge, who is there to decide your case for you – I am here for your benefit. My job is to help you reach the agreement that is your best solution for your family.
So your lawyer and your mediator have different jobs. That specialization is to your benefit: your lawyer protects and advises you on your legal rights, and we manage the mediation process. We each get to focus on what we do best, and you benefit from the efficiency of it.