There is a misconception that lawyers do not support mediation because they have less influence over the process. However, many lawyers actually support divorce mediation because it is sometimes a better option for their client and there are several functions that a divorce lawyer can fulfill during the divorce. One of these functions is mediation. Read on to learn more.
The Role of Mediation
Oftentimes, a lawyer will encourage their client to choose mediation as a way to speed up the process. Mediation can be much less expensive and much more efficient than relying on the courts to get a divorce.
Your attorney will inform you of what to expect during the mediation and your responsibilities. They will answer any questions that you have about the process and will provide you with advice on how to have the best possible outcome throughout the mediation process. Your attorney will help you understand any legal issues you might face and determine your goals.
You will discuss filing a settlement and your attorney will draft a settlement proposal. They will also make sure that all paperwork is reviewed so that you can make sure that the final agreement is approved by the courts.
When to Choose Mediation
Every divorce is unique and you will want to make sure that mediation is the right decision for you. It's important to know what your lawyer thinks about your unique case and whether your lawyer believes that you can resolve it through mediation or whether going to court will be necessary. For example, mediation works the best when your partner is cooperative but you are struggling to negotiate. If your partner is combative, you may be better off going to court. If both you and your partner already agree with how to divide your assets, you may be better off with an uncontested divorce.
Mediation Is Less Stressful
With mediation, you do not have to communicate directly with your partner. Instead, you will be in one room and your partner will be in another. The mediator will move from one room to another. Both you and your partner will be asked questions and you are allowed to have your lawyer in the room during the mediation process.
The mediation can go at your own pace and can continue until all of your disagreements are resolved. Those who run the mediation will often be former judges or lawyers who will be knowledgeable about legal negotiations.