One of the most common questions Chicago residents ask when considering mediation is whether they need their own attorney. The short answer: you probably should have one, but their role is different from what you might expect.
The Mediator Is Not Your Lawyer
This is the most important thing to understand. Even if your mediator is a licensed attorney, they are a neutral party — they don't represent either spouse. They cannot give you legal advice specific to your situation. Their role is to facilitate agreement, not to advocate for your interests.
A consulting attorney, on the other hand, is your advocate. They review proposals, explain your rights under Illinois's equitable distribution laws, and ensure you're not agreeing to something that's against your interests. This is a different — and much more limited — role than a litigation attorney.
What a Consulting Attorney Does
A consulting or "review" attorney in the mediation context typically provides an initial consultation to explain your rights and the legal framework, reviews proposals and offers that emerge during mediation, advises you on the legal implications of specific terms, reviews the final settlement agreement before you sign, and is available by phone or email between mediation sessions for questions.
This is significantly less expensive than hiring a full litigation attorney. While a litigated divorce in Chicago might cost $25,000-$100,000 in legal fees, a consulting attorney for mediation typically costs $1,500-$5,000 total.
When You Definitely Need an Attorney
While a consulting attorney is always recommended, certain situations make one essential: high-asset divorces involving complex property, business ownership, or executive compensation; significant power imbalances between spouses; cases involving potential tax consequences of property division; situations where one spouse has much more financial knowledge than the other; and cases with complex custody or relocation issues.
When You Might Not Need One
Some couples with straightforward situations — short marriages with no children, minimal shared assets, and both spouses working — may choose to mediate without consulting attorneys. If both spouses are well-informed, cooperative, and the issues are simple, the mediator's guidance may be sufficient. However, having an attorney review the final agreement is always a prudent step.
Finding a Mediation-Friendly Attorney
Look for an attorney who supports the mediation process — not one who will try to pull you into litigation. Ask: "Do you support clients in mediation?" A good consulting attorney will respect the mediation process while ensuring your rights are protected.
Start Your Search
Begin by finding the right mediator from our evaluated Chicago mediator directory. Your mediator can often recommend consulting attorneys who work well with the mediation process. For Illinois legal details, see our Illinois guide.