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With mediation, would it still be suggested to have two attorneys; one representing each party?

Yes. A lot of times in these cases, there are certain legal arguments that are being made, for example, on spousal support or changing the domicile of the child, or how much parenting time one party should get versus the other, or when there are legal arguments that need to be made and there are legal discussions that need to be had and the mediator is really not there to tell you you’re right or wrong; they’re there to broker a deal and without people understanding what’s going on properly, it takes away some of the effectiveness of mediation.

It all depends on what your issues are. For example, if all you’re fighting over is who gets the couch and who gets the TV, then you really don’t need lawyers for that. But if you are talking about more important issues like custody and spousal support and division of business interests, stock options, things that are more complex, then for sure, you need counsel.

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