Not necessary, but they should just to be absolutely sure. The caveat to that is that if it’s a financial mediation, what went on in mediation is not necessarily what the law would have given the people. However, the people are comfortable with the agreement that they worked out. The lawyer then gets involved, and it’s possible the lawyer could blow up the deal. That’s happened to me before. The only way to sort that out is if they go to trial. It’s a shame that it happens because we got the parties to agree and it worked for everybody, and then it got blown up. It’s frustrating sometimes.
With 30 years of experience in family law, Laura M. Urbik Kern is a certified mediator and family lawyer who concentrates on dissolution, family and juvenile law, child support, and complex domestic relations cases.