Can a mediator provide legal advice and draft a couple’s divorce agreement?

By Abigale M. Stolfe
February 22, 2017
Can a mediator provide legal advice and draft a couple’s divorce agreement?

A mediator cannot provide either party with legal advice, and if you have had an initial consultation with an attorney to learn your rights and responsibilities, that attorney cannot act as your mediator. A mediator meets with both parties together on a specific date in order to learn their issues and the facts and circumstances of their case. A mediator cannot draft the divorce documents; however, they can prepare what’s called a Memorandum of Understanding: a document that sets forth each party’s understanding as to the agreements that have been reached. The mediator then gives each party that memorandum for review by independent counsel, who would then prepare the divorce documents.


Abigale M. Stolfe is a partner at Stolfe Zeigler, a boutique family law firm that obtains favorable outcomes for high-net-worth, complex, and litigious cases. 

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February 22, 2017
Categories:  FAQs

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