Legal Guide

Should I Choose a Mediator or Lawyer for Divorce?

Both mediators and divorce lawyers are great allies to have on your side during a divorce. Divorces can be stressful events without the right support and information. Today, MM Family & Divorce Lawyers look at mediators and lawyers, and which one is right for you to choose for aid during your divorce proceedings.

What Do Mediators Do?

Mediators provide mediation services for divorcing couples. These services are designed to reach agreements between both parties that are beneficial, sustainable and financially sound. They focus on many different aspects of the marriage, including children, finances, assets, property and other disputed items within the relationship.

Children

When children are involved in mediated dispute resolution, guidelines are followed to ensure equal support is given based on the capabilities of both parents. This includes the financial obligation but may also include scheduled visiting, holiday planning and other agreements.

Finance

Financial compensation for one of the spouses may also be a part of mediation services. Where support is needed from one partner or another, mediators can help ensure an equitable arrangement that recognizes the needs of those involved.

Assets

Where property, business, vehicles or other assets are concerned, mediators can also assist divorcing couples. They ensure that the terms of the agreement are agreed upon by both parties and take into account the various factors surrounding the mediation process.

What Do Divorce Lawyers Do?

Divorce lawyers can perform all of the same tasks as mediators in their roles. Many lawyers have additional training as mediators since many parts of the role intersect; however, that is not always the case. In addition to the services that mediators provide, divorce lawyers also perform many of the legal activities usually involved with the legal system.

These activities don’t always include the litigation process. They may include gathering evidence, drafting legal documents or providing legal advice. However, if litigation is required for the divorce to proceed, divorce lawyers will provide the necessary litigation services like representing their client in court and developing a defence.

Which One Should You Choose?

Choosing between mediators and lawyers is often a personal choice. Some couples are more amicable than others, more willing to compromise and therefore more inclined to choose a mediator. On the other end of the spectrum, however, are couples with irreconcilable differences, unable to come to any sort of agreement. These couples may be more interested in the services of litigation experts like divorce lawyers.

Keep in mind what we mentioned early, though, in that the roles often intersect closely. Therefore, it is not uncommon to find professional mediators who have experience as lawyers and lawyers who are also trained mediators. Choosing a professional that can best assist you during a divorce is important to ensure the best outcome.

You should also be aware that both services are completely confidential, meaning that whatever is said between you and your mediator or lawyer is secret. This privacy can be comforting and enable you to speak freely about the situation with a competent and qualified professional.


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