Questions to ask a mediator or attorney

By Cinda Jones on October 20, 2010

If you decide you want professional help mediating your marriage or divorce, finding the right mediator or attorney is very important.

There can be significant differences in how family law attorneys approach a case, and you will want to find one that matches your needs and intent. It’s a good idea to consult with at least two and maybe three attorneys before selecting one. You might think that’s not necessary or too costly, however, the cost of choosing the wrong person has a much higher cost.

You should be as prepared as possible with all the facts and information you can gather to give the attorney an accurate picture of your situation. Good preparation on your part will help the attorney answer your questions and make the consult beneficial to you.

A few questions that might be helpful to ask:

How do you manage most family law matters? What are the steps and time line?

How many years have you been practicing family law? Are you a Certified Family Law Specialist?

How will you work with my spouse’s attorney?

Are you primarily a litigation attorney or have you worked with couples using mediation or the collaborative process? Have you ever been the mediator in a family law matter? Which legal process do you prefer and why?

Do you ever recommend using the services of other divorce professionals such a Divorce Coach or a Certified Divorce Financial Analyst?

If I select you to be my attorney, will I need to sign a retainer?

Will you give me a copy of your retainer to take home to review before signing?

What is the amount of the retainer and your hourly rate?

Do you charge different rates for different services, for instance, one rate for reading/writing and another rate for appearing in court on my behalf?

How often do you go to court on family law matters? Do you prefer going to court or do you prefer to attempt to settle where possible?

How does the local court manage cases? Will there be mandatory settlement conferences?

Will your staff be performing services on my behalf and what is the hourly rate for their services? Can you please give me an example of your services versus the services your staff performs?

How can I work with you to best manage the case and the cost?

Are you willing to unbundled services and/or to act as a consulting attorney?

What is the minimum increment of an hour that you will charge me? For example, if we talk on the telephone for 5 minutes, will you charge me for 8-10 minutes?

Do you bill for all telephone calls and emails including those to/from your staff?

How often do you send invoices? Will I know monthly the status of charges to my account with an explanation?

Interviewing and/or consulting with more than one attorney or other professional can increase your understanding of the choices you have and might actually reduce the emotional and financial cost of divorce.

Learn more about Cinda Jones in her marital mediation profile, her financial solutions website, and her website for divorce financial mediation.

Tags: marriage mediation