Divorce mediation is a relatively new method of divorcing that is becoming more accepted. Divorce mediation is heralded as cheaper and faster than traditional litigated divorce. But there is a major caveat if the parties can reach an amicable solution. It is critical before seeking divorce mediation to go over the process with an attorney. The lawyer can go over the process, what you can expect, and the role of the mediator. This post will discuss the role of mediator and how the mediator can help you.
Mediators are not judges or arbitrators. The mediator does not make decisions; his only job is to assist both parties to reach an amicable solution. The mediator acts as a neutral third party between opposing parties to facilitate communication and cooperation.
While mediators cannot act as judge or jury, they do often come up with creative solutions that the courts may not consider. Mediators focus on creating unique agreements that are tailor-made to the parties’ requirements.
Also, consider that mediators, unlike attorneys, are neutral. Lawyers take adversarial positions while mediators do their best to represent both parties’ interests.
Finally, mediators cannot take any actions that bind the parties. The mediator can only guide the parties to an amicable solution; the parties must agree to any settlement.
If you are engaged in a mediated divorce, and it is not going well, you may want to consult with a lawyer. You can seek the advice of an attorney without endangering the mediation process. You don’t want to risk your divorce settlement because the mediator is sloppy or unwilling to push you ex-spouse. You don’t want to agree to any settlement that could exclude you from a rightful property right. A lawyer can help represent your interests.