When you hear of someone going through a divorce or have thought of it yourself, you may have thought about contacting a divorce lawyer. However, have you ever considered contacting a mediation attorney?
What Is Mediation?
In mediation, a neutral third party assists couples in reaching agreements on various aspects of their divorce outside of court. A Boulder family law mediation lawyer relayed that a mediator is not there to give you or your spouse legal advice. Rather, they are there to inform you of what options are available to both spouses and help you agree on the issues you are conflicting on. If you want legal advice during the mediation, you would need to hire a divorce or family lawyer and bring them with you.
Pros of Using a Mediation Attorney
Cost-effectiveness
One of the most appealing aspects of mediation is its potential to save money. Since mediation typically requires fewer hours of legal representation compared to traditional litigation, the overall cost tends to be lower. This can be especially beneficial for couples who want to prioritize financial stability during and after the divorce process.
Focus on collaboration and amicable resolution
Unlike the adversarial nature of litigation, mediation promotes collaboration and compromise. A mediation attorney facilitates constructive communication between spouses, guiding them toward mutually satisfactory solutions. This emphasis on cooperation can create a more amicable relationship post-divorce, which is particularly important when children are involved.
Empowerment and control over the process
Mediation empowers couples to make decisions about their future rather than having them imposed by a judge. With the guidance of a mediation attorney, individuals can actively participate in shaping agreements regarding child custody, support, property division, and other crucial matters. This sense of control can lead to more personalized and sustainable outcomes.
Confidentiality and privacy
Mediation proceedings are confidential, offering a level of privacy that is not always guaranteed in court proceedings. This confidentiality can encourage open and honest communication between spouses without fear of information being used against them in future legal proceedings.
Flexibility in scheduling and process
Mediation allows couples to work at their own pace and schedule sessions at convenient times. This flexibility can be important for busy individuals or those with demanding work schedules. Additionally, mediation sessions can be tailored to address specific issues, providing a more efficient and focused approach to resolving conflicts.
Cons of Using a Mediation Attorney
Potential for power imbalances
In some cases, there may be a power imbalance between spouses, which could affect the negotiation process in mediation. If one party is more assertive or has greater financial resources, it may exert undue influence over the outcome, potentially leading to unfair agreements. A skilled mediation attorney should be vigilant in ensuring that both parties have equal opportunity to express their needs and concerns.
Lack of advocacy and legal representation
Unlike divorce attorneys who advocate exclusively for their client’s interests, mediation attorneys remain neutral and do not provide legal representation. While this neutrality facilitates cooperation, it may leave individuals feeling unsupported or vulnerable, particularly if they are unfamiliar with legal procedures or their rights.
Limited expertise in complex legal matters
Mediation attorneys are trained in conflict resolution and negotiation techniques but may lack expertise in complex legal issues. Consequently, they may not be equipped to address intricate financial matters, tax implications, or legal intricacies that arise in high-conflict divorces or cases involving substantial assets.
Possibility of unequal outcomes
Without legal representation, individuals may agree to terms that are not in their best interests or fail to fully understand the consequences of their decisions. This can result in unequal outcomes, especially if one party is more knowledgeable about legal matters or has greater access to resources.
Dependency on both parties’ willingness to cooperate
Successful mediation requires the active participation and cooperation of both spouses. If one party is unwilling to engage in good faith negotiations or is resistant to compromise, mediation may prove ineffective, leading to the need for litigation.
Choosing to Move Forward With Mediation
The decision to use a mediation attorney in divorce proceedings involves weighing the pros and cons carefully. While mediation offers numerous benefits, including cost-effectiveness, collaboration, and flexibility, it may not be suitable for every situation. Individuals considering mediation should assess their specific circumstances, including the presence of children, the complexity of legal issues, and the willingness of both parties to cooperate. When deciding on a mediation attorney, come prepared with a list of questions to ask about their background and experience to ensure they will be knowledgable enough to handle your specific case.