Divorce mediation is an empowering process that helps families resolve disputes outside of the courtroom, fostering cooperation and alignment between spouses. One key player in this process is the review or consulting counsel. Their role is not only to offer legal advice but also to ensure that mediation participants are well-informed and confident in their decisions, while respecting the neutrality of the mediator and the collaborative spirit of mediation.
What is Review Counsel in Mediation?
Review or consulting counsel is an attorney who guides a participant in mediation by offering independent legal advice throughout the process. They support their client by providing information on relevant legal standards, reviewing financial disclosures, and ensuring that any agreements reached reflect the client’s best interests. However, their role is very different from that of a traditional attorney in litigation. Rather than advocating for a one-sided result or taking an adversarial stance, review counsel helps the client navigate the legal complexities while maintaining the integrity of the mediation process.
According to the CCND Best Practices for Review/Consulting Counsel in Mediation, a review attorney should uphold certain standards, such as completing at least 40 hours of family mediation training and understanding the nuances of the mediation process. This training equips them to respect the mediator's neutrality and the decisions made during mediation, while also advising the client on the adequacy of the information provided and the fairness of agreements.
Why You Need a Mediation-Friendly Attorney
Choosing an attorney who supports mediation is vital to the success of the process. A review attorney who understands the facilitative nature of mediation will help you prioritize your interests, offer reasonable proposals, and ultimately enable you to make informed decisions. This kind of attorney respects the agreements reached during mediation and does not seek to undermine or reverse them after the fact.
Unfortunately, there is widespread misunderstanding about the role of review counsel. Some clients, and even professionals, expect their attorney to “fight” for their interests in the same way they would in court. However, mediation is not about positional bargaining or winning. It's about interest-based negotiation—finding a middle ground that benefits both parties. When an attorney enters the process with a mindset of gamesmanship, exaggerating legal outcomes, or engaging in adversarial tactics, they risk derailing the entire mediation and disrespecting the client’s original goal of seeking a peaceful resolution.

An effective review counsel should:
•Support the mediation process and the client’s commitment to resolving matters collaboratively.
•Help the client make informed choices about financial disclosures and legal standards.
•Respect agreements already reached and work towards refining them, not undoing them.
•Provide legal advice while respecting the confidentiality of mediation sessions.

Avoiding Common Pitfalls: What Review Counsel Shouldn’t Do
Review counsel must be careful not to overstep their boundaries. They should not attempt to take control of the mediation or rewrite agreements in a way that alters the spirit of what was decided between the parties. For instance, creating redlined agreements directly from the mediator’s drafts or encouraging positional bargaining is highly discouraged as it threatens the collaborative nature of the process. A review attorney should always remember that their role is to guide, not to dominate or reverse progress.
The Importance of Training and Commitment
One of the major challenges in the field of divorce mediation is the lack of specific training for attorneys acting as review counsel. Many attorneys are unfamiliar with the subtleties of mediation and approach it the same way they would approach litigation. This can lead to frustration for clients and mediators alike. For mediation to succeed, it is essential that review counsel understand their role and how their actions can support the mediation’s goals.
Before taking on the role of review counsel, attorneys should evaluate whether they can commit to being part of the mediation team. This means respecting the client’s decision to mediate and helping them work toward a mutually beneficial resolution, rather than pushing for a one-sided win. Attorneys who lack this commitment may inadvertently harm the process, leading to unnecessary delays, increased costs, and strained relationships between the parties.
Conclusion: Choose Wisely for a Successful Mediation
In divorce mediation, the role of review counsel cannot be underestimated. The right attorney will provide essential legal advice, support the client in making informed decisions, and respect the collaborative nature of mediation. To ensure that the mediation process remains constructive and aligned with the client’s goals, it’s critical to choose an attorney who is trained in mediation and committed to upholding its principles. By selecting a review counsel who supports mediation, you can enhance your confidence in the process and work towards a fair, lasting resolution that benefits everyone involved.

Mediation offers an opportunity to resolve disputes peacefully and collaboratively, but its success depends on all parties—including their attorneys—being committed to the process. Choose an attorney who understands this, and you will set yourself up for a smoother, more harmonious divorce. To discuss your matter with attorney mediator Rosemarie Ferrante, call contact us online.