Medina, NY asked in Divorce for New York

Q: Can the mediator that mediated our divorce property settlement agreement later represent my spouse to file for our divom

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3 Lawyer Answers
Michael J Stachowski
Michael J Stachowski
Answered
  • Buffalo, NY
  • Licensed in New York

A: That Is not proper. The mediator should be a neutral. However if its a faultless divorce with a fair agreement it may be acceptable, Even though it may be acceptable it has the appearance of impropriety. The leaves a view that the mediator was actually the wife's advocate. You should take the agreement to your own separate Divorce lawyer who will know if the agreement is fair. . This smacks of unethical behavior. This is one of the reasons I don't like mediated settlements outside of a court setting. A court attorney mediator is a true neutral party.

David P. Badanes
David P. Badanes
PREMIUM
Answered
  • Northport, NY
  • Licensed in New York

A: Most likely the mediator has a conflict and cannot represent your spouse -- unless you waive the conflict, in writing.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: It is not an question that is easily answered. The courts would look at how long ago the mediation was done and what information was disclosed during the mediation. If you can show that confidential information was disclosed during the mediation that the mediator would be disqualified. You need to sit down with an attorney and discuss the issue in depth and what information the mediator was given. Another consideration is if the mediator is only representing your wife just so that the divorce papers can be submitted to the court it shouldn't be a problem. You should talk to an attorney about the situation.

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