What is the Difference Between a Mediator and a Divorce Attorney?
In many cases, it’s easier to divide your assets fairly if you hire a mediator than it is to go through a traditional divorce process. But what exactly is the difference between a mediator and a divorce attorney? Read on to learn more about the advantages and disadvantages of each. Both methods have their pros and cons, and you can decide which is best for your situation based on your unique situation.
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Disadvantages
There are many benefits of working with a divorce mediator, but there are also some drawbacks to divorce mediation as well. One major disadvantage is that the mediator does not have the power to make decisions for either party. The mediator has limited knowledge and experience related to complex financials. Another disadvantage is that the mediation process may not produce a favorable result for some couples. For this reason, you might want to consider hiring an attorney instead.
The primary advantage of hiring a divorce mediator is the fact that he or she will not tell you what you should not ask for. This lack of knowledge can result in an impasse. Mediation is more effective when both parties are willing to compromise and negotiate. It is also easier to schedule mediation sessions and access them since there will only be one mediator. In addition, having one divorce mediator instead of two will make scheduling and access easier.
Costs
When deciding whether to use a mediator or a divorce lawyer, couples should weigh the costs of both options carefully. The cost of a mediation session is generally much lower than that of hiring a divorce attorney. The costs for divorce mediation can vary by state. Some state bars require mediators to be licensed attorneys. Some states have divorce mediation services that are free of charge, but you may still have to pay a fee.
Generally speaking, divorce mediation sessions will cost anywhere from $100 to $250 per session. These fees will vary greatly, but the fees for a divorce mediation session are usually based on three factors: the level of conflict between the parties, the complexity of the marital financial situation, and the willingness of the parties to compromise. The costs for mediation sessions can also be influenced by the number of mediators involved.
Time
Many people ask themselves the time difference between a mediation session and a divorce attorney. The time difference between mediation and litigation can vary dramatically, but in general, it takes about two to three times as long. One reason is that divorce communications are more complicated with attorneys present, as they act as advocates for their clients. Having a lawyer in the room also makes the process expensive and lengthy. Moreover, many divorce attorneys charge high fees, so many people opt to skip the cost of retaining a divorce lawyer and just use a mediator.
A mediator is often much more likely to suggest solutions to parenting problems that are healthy for the entire family, and he or she is more likely to have contacts in other professional organizations. Compared to a divorce attorney, a mediator is like a neutral third party in both corners. In addition, he or she will lay out the options in an efficient, straightforward manner, and will often have additional support sources to assist in case of a crisis.
Process
A divorce mediator is a neutral third party who helps the divorcing couple reach an agreement. A divorce attorney can not be a mediator, but they can act as a divorce attorney. Both are trained to draft legal documents required by the local county courts. However, a divorce mediator cannot serve in both roles, as an attorney must draft legal documents before a judge. Nonetheless, attorneys have a lot of experience in divorce mediation.
A mediator acts as a neutral third party and encourages open dialogue and cooperation. They may suggest a realistic outcome to the divorce settlement or court case, as opposed to the extreme position a divorce attorney will take. While attorneys will actively craft a settlement for their clients, mediators will work to keep the dialogue between the parties open and honest. This approach has several benefits, but it can be expensive.