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What Role Do You Want Lee to Serve with Your Case?

Using Lee as a Lawyer

The main advantage of using me as a lawyer is that it's usually less expensive. My average time spent on an uncontested divorce is a little more than an hour, and the cost on average runs $400-600. My average time spent on a mediated divorce is 4.2 hours, and the cost on average runs $800 or so for me plus another $500 or so for a lawyer to write up the papers, meet with you and (perhaps) your spouse, and file them with the court. Of course, both these average figures are just that, and your case may be more or less expensive depending on the level of conflict between the two of you, the complexity of your case, and how quickly you make decisions. As the mediator, I am prohibited by ethical constraints from preparing the papers to be filed with the court.

When I act as the lawyer for either of you, I am charged with the ethical duty to protect the interests of my client. Because I rarely believe it to be in my client's interest to fight a protracted and expensive adversarial divorce fight, I always work to find common ground between the spouses and find a way they can reach agreement. My covenant is that whenever my client asks a question, he or she will get a straight answer, not a "client-flavored" answer designed to stake out a negotiating position. I believe this enhances the negotiation process. The fact remains, however, that in my role as lawyer, I owe a duty of loyalty to my client, and I do not owe that same duty to my client's spouse.

If you're contemplating using me as your lawyer and don't know which of you should be the client, this page may help.

Using Lee as a Mediator

The main advantage of using me as a mediator is that both of you know that I don't have an axe to grind, that I will remain neutral between the two of you. Some clients find that enough of an advantage that they are willing to pay the extra $800 or so for it. When I act as a mediator, it's my duty to remain neutral, and I'm trained to go to extraordinary lengths to maintain that neutrality at all times. Because I am working to maintain neutrality, and perhaps because mediated cases generally tend to be more complex cases, the mediation process at least with me tends to proceed at a more leisurely pace than the uncontested divorce process. Other than in a caucus, a carefully structured opportunity with special procedures included to allow me to remain neutral, I must never discuss the substance of your case with either of you outside the presence of the other. That means, for example, that it never makes sense for either of you to have an introductory meeting without your spouse if you think you may want to use me as your mediator.

When You Need To Decide

It's okay with me if we schedule a session and even begin the session without your knowing what role you want me to play. I will insist, however, that the decision on my role be the first order of business, and I will insist on clarity about my role before anybody begins talking about any of the substantive issues you and your spouse face. Once my role is set, I can never change it with you and your spouse, even if both of you are in favor of my changing. That means, for example, that if you're thinking about using me as a mediator and then asking me to act as a lawyer to prepare and file the papers, I can't do that. I'm sorry.

Lee Borden, Lawyer and Divorce Mediator. Alabama Family Law Center is a private law firm. It is neither a public legal aid agency nor a section or subcommittee of the Alabama State Bar. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.