Can one attorney mediate for both spouses?

A lawyer can serve as a neutral mediator for both spouses, but the lawyer cannot simultaneously act as the advocate for both spouses in the divorce. The distinction between neutral mediation and legal representation must remain clear.

As mediator, the lawyer may facilitate negotiations, help the parties identify issues, discuss neutral legal information, and assist in reducing agreements to writing within the limits of the mediator role. The mediator should not advise one spouse how to gain an advantage over the other or tell either spouse what that individual should accept based on confidential loyalty to that spouse.

Either spouse may retain separate counsel to review proposals or a final agreement. Independent review can be particularly useful when the case involves significant property, maintenance, tax issues, business interests, retirement benefits, or substantial differences in bargaining power.

The court—not the mediator—ultimately grants the divorce and determines whether the submitted agreement can be approved.

Primary Wisconsin authorities: Wisconsin Rules of Professional Conduct, including rules governing conflicts, lawyer neutrality, and third-party neutrals.