I am in the process of getting a divorce. My wife filed papers and I answered the court with my response letter. I recently got a letter with demands from her attorney. My wife told me that she was pursuing "mediation" (I live in CT). When I got the aggressive letter from the lawyer and called him to clarify whether this was a "mediation process", he said, "No it is not. I represent your wife as a client". I then contacted my wife and told her. She stated that she had asked for mediation and that she would "call the lawyer to let him know" that mediation is what she wanted. My question is, now that this lawyer has already assumed the position of "being her divorce attorney", can he now assume the role of mediator without being biased/there being a conflict of interest? It seems to me that she would need to solicit the help another source for a mediator if this her true intent. It just doesn't make sense that having assumed this quasi-aggressive posture in letter form to me, that he could suddenly become "a mediator". Any help would be necessary and I am consulting with an attorney in two days time. Thanks.
1 Answer from Attorneys
I do not believe that her lawyer can act as a mediator. You and your wife should choose a neutral attorney to mediate.
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