Many couples assume that a mediator will manage the process and that they will not need an attorney. While this is true, attorneys are involved in a much larger portion of a divorce proceeding. The mediator’s fee is split between both spouses, so the cost of mediation is often lower than that of going to court. However, it’s important to understand the legal implications of any decision made during the process.
The mediator’s job is to get both parties to agree on a final settlement. That means they must be willing to cooperate, even if the divorce is contentious. As such, a history of animosity or violent behavior will decrease the chances of a fair agreement. Furthermore, a spouse who has been abused may have trouble advocating for himself, which can hinder the process.
Although divorce mediation is a productive process, it doesn’t work for every couple. For example, some mediators discourage the presence of attorneys at the mediation session, as they believe that it can create an imbalance in the negotiations. Additionally, attorneys can create a combative atmosphere. For these reasons, it’s best to consult with your attorney outside of mediation sessions.
Another important reason to use divorce mediation is that it fosters effective communication between spouses. A mediator facilitates understanding and communication, which is especially beneficial if there are children involved. Additionally, a mediator ensures that the parties maintain a positive relationship after the divorce.