A divorce case can involve a roller-coaster of emotions between the couple. It can take some time to be finalized. That is why couples should consider the implications of divorce in case one or both parties decide to end a marriage. In such cases, you should consult experienced divorce lawyers to help walk you through the divorce process.
Couples undergoing a divorce may be hostile with each other during the process. Others may even have unresolved conflicts that can affect the entire divorce process. As a result, the divorce may drag longer, causing stress on the couple and their loved ones. Plus, divorce is not cheap, to begin with.
Hiring family lawyers can help couples in finalizing the divorce. However, some hire mediators instead to help them handle the divorce process. What does a mediator do? Are they the same as lawyers? Do you need to hire one?
The role of a mediator
A mediator refers to a third-party individual who is assigned to conduct a mediation. He or she is ideally neutral in the case and aims to help people – couples in this case – to solve any conflict. At the same time, a mediator should help the couple come to a mutual agreement to the divorce case can proceed smoothly.
Divorce can be a complicated affair, and it can cause conflict and tension between divorcing couples. Mediators are there to help both parties to arrive into a mutual agreement and move on with the divorce process. Mediators are also an ideal choice for couples who do not plan on hiring lawyers for their divorce case.
The best divorce lawyers can also be mediators but are not necessarily required. Some mediators may also be practicing in healthcare, financial, or any other related fields. While the mediator plays a major role in the divorce case, the couple still has the final say. Divorce mediation is different from arbitration wherein decisions are controlled by an arbitrator and not the couple.
Divorce lawyer vs divorce mediator
By this time, you already have an idea about the difference between a divorce lawyer and divorce mediator. On one hand, family lawyers represent you. He or she will serve as your defender during the divorce process. A lawyer will also offer advice and negotiate on your behalf.
On the other hand, a divorce mediator does not side with either party. In other words, a mediator is neutral. Unlike lawyers, mediators are not allowed to offer legal advice even if he or she is a lawyer. Basically, the mediator’s role is to encourage good communication between the couple and come up with a mutual agreement.
Can a divorce mediation work for you?
For one thing, divorce mediation is less stressful and cheaper than divorce. Mediation also allows the couple to decide on the outcome of the divorce. It also encourages couples to be at least civil with each other despite any negative feelings with each other.
Mediation may also work if the couple is open for negotiations. Mediators should help couples thoroughly discuss important matters related to the divorce case. Discussing these concerns will help a mediator determine a couple’s current relationship with each other. This includes:
- Alimony/spousal support
- Child support and custody
- Property and asset distribution
Unlike divorce, mediation has no time limit. It can be done as long as you need it. However, the mediation can be expensive the more meetings you have with the mediator. Once a mutual agreement has been settled, the mediator will come up with a draft of the divorce paper for signing (together with the divorce lawyers) and presentation to the judge.
Divorce mediation can most likely work in the following situations:
- There is a mutual decision for the couple to divorce.
- The cause of divorce is not due to violence.
- The couple is open about their respective finances and investments.
- You don’t have a child. Or if you have, you both agree on child custody terms.
In case of conflicts on one or more of the above situations, it may be recommended to hire the best divorce lawyers available.
Should you hire a lawyer or a mediator?
Divorce cases may vary. But if you think you may have a potentially complicated divorce, you should hire top rated divorce lawyers in Fairfax VA. Contact one today and avail free consultation from the best lawyers in your area.
