Divorce is complicated. No matter how hard you try, there is going to be something confusing and heartbreaking that happens. The complication occurs even in the most amicable of divorces. Often, a financial, infidelity, or criminal law issue may be the reason for seeking a divorce lawyer. Anytime you combine legal matters with emotional concerns, there are going to be things that need to be sorted out. The complicated nature of this process is why a divorce mediator can be a great resource.
What does a divorce mediator do?
A mediator is a resource for couples who are getting divorced and want to keep the matter out of the courts. They are tasked with the job of helping the couple come to an agreement on their divorce. Their duties include how to divide up the assets and debts and custody agreements. It is in every couple’s best interest to get a divorce over as soon as possible. It is much less expensive that way. Some divorce proceedings take so long that, by the time they are over, there are no assets left to split up.
Mediators are not lawyers
Mediators do not represent either party individually when they are coming to an agreement. Representation is the job of an attorney. Often, when the two sides in a divorce meet with a mediator, they will each also be joined by a lawyer. Lawyers understand the law and will know if their client is getting a fair deal or not. A mediator’s function is to facilitate the discussion and help the two parties come to an agreement as rapidly as possible. They do not work for one side of the party more than the other. Here is a video explaining the difference between mediators and lawyers.
They are impartial
An effective mediator will move the conversation along without showing deference to either side. Neutrality is their primary focus. They will only be satisfied when a fair and equal agreement for both sides is reached. If the mediator fails to get the job done, the divorce proceedings will have to go in front of a judge. The court system can be bad for one of the parties because the judge’s decision will be final and they will not have a say in it after that. Going in front of a judge something that everyone involved will want to avoid. When an agreement is reached, they will not be able to tell either party if they would have been able to get a better result through a judge. That is another job for a lawyer.
If you are a divorce, you should consider these types of services. It could greatly benefit you and your family. A mediator will work fairly with both people in a divorce to keep it out of the court system. Going through the courts can be very emotionally and financially taxing on a family.