Let’s discuss and differentiate the roles of a mediator vs litigator for divorce.
What is a divorce mediator?
Ever wondered about the difference between a divorce mediator and attorney? Let’s clear up the confusion and explore why divorce mediation could be the way to go. As the author of this blog, Scott Levin, and a person who is often quoted and published as an authority on other well known sites for family law and divorce financial issues, I have witnessed how an out of court negotiated settlement impacts families. The time savings are incredible. The money saved is unbelievable. The emotional and mental benefits are immense on couples and co-parents by not allowing it to get messy and getting stuck in a fight.
Divorce Mediator vs. Divorce Attorney: What’s the Deal?
Going through a divorce can be a challenging journey, but it doesn’t have to be a battleground. While many folks assume hiring a San Diego family law attorney is the only route, there’s a game-changer in town: hire a San Diego divorce mediator.
Scott is a true believer in the collegial and open communication approach to divorce, and believes that collaborative law as well as mediation can best achieve this result. Scott recently wrote about his experience as a certified collaborative divorce professional and member of the San Diego Collaborative Law Group. The importance of teamwork to collaborative divorce resolution is published on the California Collaborative Law Group website.
What Exactly Is Divorce Mediation?
Divorce mediation is when both parties come together to have a civilized discussion about dividing assets, parenting plans, and custody arrangements, all without involving a courtroom. A mediated divorce can help your children cope with divorce which should make parents prioritize child custody mediation to shield them from the harmful consequences of a litigated divorce. During divorce mediation, spouses agree to seek out settlement terms through a private conversation structured and supervised by an impartial third-party mediator in San Diego. The mediator works with the couple as a team to help guide the conversation and encourage both sides to negotiate and compromise.
In comparison, hiring a divorce attorney usually means heading down the traditional courtroom path.
Mediator vs. Attorney: What’s the Scoop?
One big difference is that a mediator isn’t your typical family law attorney. They won’t represent you individually like an attorney would. Sure, they might have a legal background and even be licensed by the State bar, but their role is unique. While attorneys focus on digging into the nitty-gritty of conflicts, aiming for the best outcome for their client, mediators have a different approach. They’re less concerned with the past and more about how to shape a better future for your family post-divorce.
At the end of a successful mediation, the mediator will draft up the divorce agreement and court forms on behalf of the couple and file them with the court so the couple can divorce without ever going to court. An equitable agreement that reduces stress and cost helps couples transition successfully to their post-divorce lives.
Nailing Down a Settlement
Picture this: a mediator as a conflict resolution guru, skillfully guiding discussions and helping find common ground for a win-win situation. They’re like the referee of a friendly match, keeping things fair and focused on the future.
On the other hand, when attorneys are in the mix, things can get a tad contentious as they strive to win for their respective clients, sometimes losing sight of what’s truly in their client’s and their client’s children’s best interests. A lawyer represents a client to defeat the other side and win and in family law context, this can have harmful unintended consequences for parents who must still co-parent and support children into the future.
In the end, a mediator might just be the ideal fit for your situation. However, whether you opt for mediation or not, you can still bring an attorney on board, but more as a consultant to ensure your legal matters are in your best interest.
Looking Ahead to a Brighter Future
If you’re eyeing a smooth divorce journey and a harmonious family setup post-divorce, begin the low-stress process with 5-Star rated Divorce Mediation Expert, Scott F. Levin, Esq, at San Diego Divorce Mediation. You’ll have access to flexible options, including virtual meetings. Reach out today to schedule a free consultation and see the difference mediation can make.
