Although both a family law mediator or an attorney help solve family law problems, their roles are different. Often lawyers are also mediators, making it difficult to distinguish between a mediator and a lawyer. Ultimately, both lawyers and family law mediators try to help couples solve issues in a divorce and move forward amicably. However, the main difference is that mediators seek to foster and support communication with both parties. Lawyers represent and defend one party’s sole interest. Read below to learn the other differences between a family law mediator and an attorney so you can decide what kind of representation is right for you.
Family Law Mediator v. Attorney
Family Law Mediation: What is it?
• Mediation is a legal process that helps participants make decisions outside the traditional judicial context.
• Mediation is an alternative to litigation. The mediator will effectively identify the issues involved. They will help find a compromise, and find amicable solutions. Finally, they will facilitate the conclusion of agreements that benefit the parties for an out-of-court divorce.
• In most divorce mediation cases, the mediator will cost less than an attorney and associated legal fees.
• Mediation will often take less time than a divorce that goes to court.
• The use of a mediator is often a more private matter.
• Unlike an attorney who will represent one side, a mediator work with each party (rather than against one party). They work to create an agreement that can support better long-term relationships. Mediators assist when both sides are in the position to cooperate with one another.
• The mediator does not provide legal advice to either party and does not support either party’s position. However, the mediator may suggest solutions that meet the needs of both parties or ask questions of the party to identify potential pitfalls in the party’s position.
• In cases that include parenting disputes, the court may order both parties to attempt mediation before proceeding with a divorce. In other cases, the couple may voluntarily decide to mediate before seeking out legal representation.
Legal Representation
• An attorney can only represent and defend one spouse in court.
• Family law attorneys assist when a divorce case is contentious, and spouses cannot come to an agreement between them. They are often called upon when one or both sides do not wish to cooperate during the divorce for whatever reason.
• Family attorneys attend law school to know, understand, and defend all the nuances of family law and divorce. From child custody, visitation, alimony, division of property, they can give legal advice if and when it is needed.
• A lawyer’s job may also be to mediate to some degree, although mediators cannot legally represent anyone like a lawyer would be able to.
Need a Family Law Mediator or an Attorney?
If you believe you are in the position to hire a mediator or attorney, or if you have any questions, Whipple, Mercado & Associates is here for you.
Our full-service San Ramon law office provides free initial consultations. Call us today — 925-344-5050. We respond promptly to all email messages and phone calls.