Mediation does not replace an attorney experienced in the area of marital and family law for each party. Each party is urged to seek independent legal counsel because, although some mediators are attorneys, the mediator is not allowed to give legal advice.

The mediator's role is neutral and not a substitute for independent legal advice. The mediator does not represent either party, but focuses on helping the parties reach their own agreement. While the decisions reached in mediation are made by the parties, it is important that they be informed decisions.

Attorneys may attend mediation sessions. The parties may consult their lawyers during the mediation process. If both parties are aware of their respective legal rights and have been fully informed by their own attorneys, the mediation process can be much more beneficial.

Upon completion of the mediation, the mediator will submit the memorandum of agreement to the parties' attorneys. If necessary, the attorneys will draft a settlement agreement from the terms of the memorandum, for filing with the court.