Should I and my spouse each get our own attorney?

"The mediator has a duty to advise the mediation participants to obtain legal counsel and advice prior to reaching an understanding. A referral for legal advice should be made before the decision making process and not after the participants have already reached a full accord to which they may have made an emotional commitment. Mediators, including attorney-mediators, shall not advise either party as to their legal rights or responsibilities so as to direct the parties' decision on an issue. Each party must be referred to independent legal counsel for that advice. A single attorney to advise the participants as to the law in the course of a mediation is not a substitute for independent legal counsel. . . . ." (MCI Standard VI.D.*)

"In order to avoid actual or potential conflicts of interest, a lawyer mediator should not represent either party before, during, or after the mediation process. If the mediator is a mental health professional, there should be no professional relationship with the participants in counseling or therapy, before, during, or after the mediation process. If a mediator has represented or counseled one of the parties beforehand, the mediator should not contract to mediate with these parties." (MCI Standard IV.B.*)

*Source: Mediation Council of Illinois Professional Standards of Practice for Mediators

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