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Can I bring an attorney to divorce mediation in Massachusetts

My husband and I are getting a divorce and he wants to do mediation. I'm OK with the mediation but I'm a little concerned because he's a lawyer and I'm not. I'm not sure that I wont be at a disadvantage because I don't have the legal background he has, even though he hasn't done a divorce in many years. Does the law allow me to bring an attorney in to the mediation? My husband is opposed and says it will be a huge waste of money. Thank you.

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There is nothing in Massachusetts law that would prohibit you from bringing a lawyer into the mediation.  My personal feeling is that the attorney might become something of a "fourth wheel" that slows the mediation process down. However, once you start looking for a divorce mediator, ask that question to the candidates and see how they respond.  If it makes you comfortable, and you don't mind paying a lot of money for your mediation, then it might work for you.

I have two additional thoughts about the issue.  First, a good mediator will be impartial and will not allow your husband to gain an unfair advantage.  The mediator will explain the law and how a court would likely deal with the issues you are trying to resolve so that you will understand your options.  Second, it is very common for mediation participants to hire attorneys to review any agreements that are reached and to help with the completion of required forms.   So, you can have legal representation without bringing the attorney to the mediation and still gain some confidence that you have reached an equitable resolution.  Good luck.

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