Divorce Attorneys & Mediators

The Role of a Divorce Attorney & Mediator

What is the difference between a Divorce Attorney and a Divorce Mediator?
Divorce Attorney Mediator

The main task of a mediator is to act as a neutral voice assisting a couple in coming to an agreement that both parties can agree to, one which is in the best interest to both of them. A divorce mediator provides information and a constructive environment to help the parties communicate, and understand their individual and common interests so that they can explore reasonable options and make practical decisions that benefit their family.

On the other hand, the role of a divorce attorney is to advocate for only one person’s interests and to work to obtain the best possible outcome for that individual alone.

Below we go into further detail on the difference between divorce mediators and divorce attorneys.

Divorce Mediation:

  • Mediation provides a professional yet informal context where the parties can discuss and make decisions cooperatively with the help of a neutral third party.
  • Mediation preserves the parties ability to communicate so that they can continue to work together and be effective co-parents following divorce.
  • Mediation gives both parties an opportunity to be heard and express their perspective in a safe environment.
  • A mediator provides information from a neutral perspective.
  • Mediation affords parties the opportunity to maintain control over their decisions- and how and to what extent they are each willing to compromise.
  • Studies show that there is a significantly higher rate of voluntary compliance with child support agreements reached privately in mediation.
  • A couple can usually conclude an agreement within several months, and the costs are a fraction of a litigated divorce.

Divorce Litigation:

  • Offers a formal, adversarial context that must follow legal process and protocol
  • The adversarial nature of a litigated divorce often results in the breakdown of communication between parties, making it more difficult for them to successfully co-parent following divorce
  • There is minimal opportunity to be heard by the other party or to account for personal considerations causing stress and anxiety for litigants
  • Uses the law strategically to make a case
  • Judges make decisions when parties can’t agree or settle
  • Studies show that there is a lower rate of voluntary compliance with child support agreements in a litigated divorce
  • A litigated divorce can often take years and potentially cost tens of thousands of dollars

These are the key differences between a divorce attorney and a mediator.

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