The Best Divorce Lawyers Or Divorce Mediation?
Getting a divorce is a tough process no matter what the circumstances or where you are located. It is a big decision to make, and it will then get tougher as you have to choose between hiring the best divorce lawyers and choosing the divorce mediation process to sort everything out.
The key to making the right decision here is to understand the differences between the best divorce lawyers and divorce mediation. When you know the differences you can make the decision that is best for you.
What do the Best Divorce Lawyers do?
If you go for divorce lawyers then both parties will need to hire one. The individual lawyer’s objective will be to provide the most favorable outcome for their client. This does not always result in the most favorable outcome for children caught up in the divorce.
A divorce requires many steps to be taken and these steps will be different dependant on the state, the county and the couple themselves. Despite this it is the job of each divorce lawyer hired to identify the issues surrounding the divorce, and then negotiate the resolution of these issues. The two hired lawyers will negotiate on their client’s behalf.
What if the Best Divorce Lawyers cannot reach an Agreement?
Good divorce lawyers will do everything that they can to reach an agreement over the divorce, but if this is not possible then the divorce will have to move into litigation and the mercy of the family court system.
Once the date in the family court has been set the divorce lawyers will work alongside their clients and prepare the best case that they can. The lawyers will prepare documents to present to the court. Arguments about the merits of their client’s positions will occur.
A divorce lawyer can call upon witnesses and even outside experts to strengthen their case. If the couple has children they may be called to the stand. The family law judge will ultimately decide the divorce outcome. This will include child support, custody, alimony and the division of assets and debts.
The Role of a Divorce Mediator
Unlike the best divorce lawyers, a divorce mediator is neutral and independent. The role of the divorce mediator is to assist the divorcing couple in coming to an agreement over the divorce. If the couple is involved in a conflict then they will assist with this too.
A good mediator will assist both parties in identifying the divorce issues and then facilitate negotiation and agreement of the issues. Financial issues are often hotly disputed, and the mediator will use their experience to steer the couple to an agreement. The aim of the mediator is to prevent the divorce ending up in the courts.
Think of a divorce mediator as an arbitrator. They will actively participate in negotiations about the various issues and maybe called upon to be the judge.
Are all Divorce Mediators Lawyers?
A mediator does not have to be a lawyer and a lot of them aren’t. Divorce mediation is unregulated and requires a unique skill set. Mediators come from all types of backgrounds including the legal profession, mental health, finance and so on.
Being a neutral mediator requires professional training, and it does not follow that the best divorce lawyers, who know a lot about divorce law, will naturally make good divorce mediators.
So a good mediator will be trained to an exacting professional standard, they will be fully aware of the issues surrounding divorce and they will have expertise in resolving complicated financial issues.
Key Differences between the Best Divorce Lawyers and Mediators
A couple will require two divorce lawyers as opposed to one divorce mediator so it is a lot more expensive to hire lawyers. A divorce lawyer fights for their client, and the final outcome may not be the best for the children of the couple.
In contrast a mediator is a neutral party and will not side with either client. Their job is to work with both parties to agree what is best for them as well as their children. Divorce mediators empower their clients to reach their own decisions, whereas a divorce lawyer is there to advise and instruct their clients.