What Are the Differences Between an Attorney and a Mediator for Prenup Drafting

August 5, 2024

Keep reading for a side-by-side comparison of mediation and representation for prenup drafting.

A heterosexual couple in wedding outfits walk on the beach together.

JustPrenups.com can draft your prenup or postnup through one of two methods: mediation or representation.


How does the professional engage the couple?


  • REPRESENTATION: Each partner hires an attorney from different law firms.  One lawyer drafts, and the other lawyer receives the draft to make revisions. The attorneys negotiate and draft until both partners are happy with the final document.


  • MEDIATION: You and your partner cooperate with the mediator to find mutually agreeable terms. While the mediator may guide the couple, the couple makes all final decisions.


What is the environment (i.e., "vibe check")?


  • REPRESENTATION: Attorneys have a duty to their clients only, not the opposing side.  As a result, traditional representation by an attorney usually has an adversarial feel, even when the parties are both in agreement about the prenup and its terms.


  • MEDIATION: Both partners are always present and working shoulder to shoulder. They function as teammates, and they are equally positioned in terms of bargaining power in the relationship.


Is there a difference in pricing?


  • REPRESENTATION: Attorneys normally use the billable hour, but the final fee is unknown since neither side can predict how many drafts will be required until both sides agree.


  • MEDIATION: Mediators often employ a flat rate model that lists all your included services and their cap.  The price usually includes any sessions with the couple and finalizing the prenup, among other services.


Who looks out for me?


  • REPRESENTATION: Attorneys are loyal only to their own clients. Attorneys may provide legal advice only to their clients. Your attorney keeps your secrets and owes no duty to your fiancé/fiancée.


  • MEDIATION: The mediator is always a neutral figure who is forbidden from advocating for either side. The mediator cannot communicate with only one party.  All information is shared in the presence of both parties.


Do both methods require financial disclosure?


  • REPRESENTATION:  A client turns over their financial documents to their attorney, who then shares them with the opposing side.


  • MEDIATION: Disclosure of financial, legal, and other information occurs between the partners. The mediator ensures both sides understand the critical role of disclosure in supporting the prenup contract.


Not sure what's best for you and/or your partner? Click the REQUEST CONSULTATION button below to schedule with us so that we can answer questions about what we offer and your unique goals.


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