Divorce Mediation Attorney: How They Can Help

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divorce mediation attorney

Individuals starting the mediation process may often hire a divorce mediation attorney to coach and advise them. The traditional divorce process can be overwhelming for a divorcing couple to navigate. Litigated divorce can be expensive as the couple fights over child custody, child and spousal support, and other financial implications through divorce lawyers.

For this reason, many divorcing spouses may choose to pursue a more collaborative divorce process and use mediation to resolve disputes and divide the marital assets. However, these couples may still question whether hiring a divorce lawyer is best. This article will examine how an attorney can add value to divorce mediation and whether it may be helpful to have one.

The Divorce Mediation Process

Divorce mediation is a guided negotiation practice where a neutral mediator helps divorcing couples reach a fair settlement agreement for how to move forward with life after the divorce, considering the children and any financial assets the couple may have. The process is usually confidential and allows the parties to take control of the outcome. It is also non-binding and voluntary, allowing the parties to choose to participate and when to end the discussion. It is only required when there is court-ordered mediation, where the court system requires couples to try and settle the divorce.

Choosing the Divorce Mediator

The first step in the mediation process is choosing the divorce mediator to work with the parties. Qualified mediators are usually placed on a list in a county or state, and the attorneys pick one from the list. The best mediator often comes from a divorce law background and maybe a retired judge.

The mediator’s role is to be a neutral third party, meaning that they have no stake in the divorce’s outcome and are not attached to either party in a way that would make their guidance untrustworthy. A mediator helps the parties reach agreements by guiding the settlement discussions. They must remain completely neutral and cannot provide legal advice or predict the outcome of a court hearing.

Many mediators contact the attorney for each party to get a background understanding of the case and possible solutions. They also set a place and time for the mediation sessions and ask for any documents they would like to review beforehand.

The Mediation Session

Once the mediator has been chosen, the parties will meet for a mediation session. Traditional mediation will have the spouses meet in the same room and provide the mediator with a statement of how they view the case before moving into separate rooms to discuss the solutions separately. Most mediations will separate the parties and have the mediator move from one spouse to the other party while they discuss the possible options.

Divorce Settlement Agreement

Once the parties have an agreement, the mediator will create a written settlement agreement for the parties to sign. One party cannot force the other party to sign the agreement, but once the agreement is signed, the final decision will be made between the parties. When reaching an agreement, it is helpful to have a family law attorney review the agreement to ensure it is fair. A successful mediation does not need to resolve every issue for the parties, and they may agree to have a judge decide on any unresolved issues later.

The Benefits of a Divorce Attorney

Now that you understand the divorce mediation process, it can be helpful to run through some reasons or benefits an attorney may bring to the mediated divorce. These benefits can help you determine if you need a lawyer or would prefer to go forward independently.

Helps with Complicated Areas of Law

In divorce cases, especially with children, there are often a lot of complicated and confusing questions and decisions that need to be made. Soon-to-be ex-spouses may need to create a parenting plan, figure out child support obligations, and divide up their assets without experience in such decisions. There may be more complicating factors, such as wasting funds, pensions, and spousal support, that may be implied if an attorney helps with your case.

Child support can also be difficult to determine, but a family lawyer will often have the experience to decide and determine what is fair. While private mediation may be able to add expertise, a lawyer will bring their experience to the table with the added benefit of working for you.

Protect Survivors of Violence

It is not uncommon for a divorce case to involve domestic violence, especially because that is often a reason the marriage breaks down. When violence is present, the survivor may have a difficult time being around their ex-spouse, and they may give in to demands to wrap up the entire process quickly, given the power dynamic at play. Hiring your lawyer can provide a layer of protection between you and your former partner if there is violence involved. This is especially true if the other side is represented and the opposing counsel is attempting to push you. Lawyers will also be trained to notice and address violence and protect you from it.

Creates a Scapegoat

When you have an attorney with you in divorce mediation, you can place some of the blame for decisions on your attorney because they will provide advice and keep you and your former partner honest. This can deflect blame and encourage you and your former partner to be able to co-parent or exist together.

Divorced Faster

You may be able to divorce faster if you hire an attorney, as many lawyers will aid in getting you a fair and well-rounded settlement, which will move much faster than traditional divorce litigation. It may even move faster than a mediation without attorneys if you fight a lot during the discussions.

Reasons to Avoid an Attorney

While an attorney may be a good idea for divorce, there are some instances where it may be more reasonable to skip the attorney.

Lowest Possible Cost

Hiring lawyers may not be the best idea when you need to save money at every turn. Attorneys’ fees can be steep, and even using a collaborative process can take time, which will only make legal fees go up. While you may save compared to going to court, you will still need to pay fees and costs, even for the mediator. You can talk to a local Legal Aid office if you need help with your divorce and cannot afford a lawyer.

Collaborative Divorce

You may choose to use collaborative law for your divorce, a process where both parties hire an explicitly retained attorney for the negotiation process. If the parties cannot negotiate, they must hire a new attorney. If you plan on taking advantage of the collaborative process, you will not want to hire a separate attorney until you need to.

Uncontested Divorce

If the parties have agreed on how everything will be divided according to their style, they may choose not to hire attorneys and file a settled divorce. In this case, they will not use the mediation process, hire a mediator, or need an attorney. The court will review the settlement and approve it for a decree.

Conclusion

Divorce mediation can be a great way to avoid court and separate amicably, but doing so without an attorney can be daunting. If you are using mediation to resolve your divorce, consider hiring a divorce mediation attorney to help you succeed.

To learn more about the role of a divorce mediation attorney, divorce mediation, and more, contact ART Times!

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Emily Holland
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