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The Difference Between A Mediator And A Lawyer

The Difference Between a Mediator and a Lawyer

Divorce mediation can be a great first option for couples who are separating. It allows you to approach your split with rationality and compromise. It can avoid fights, preserve relationships and protect children. It can also save a lot of money and protect your privacy. Many people may wonder, however, if they need a lawyer to pursue mediation, and what the difference is between a mediator and a lawyer. Let’s take a look.

Different Roles

Lawyers may be involved during the process of mediation, but they serve a very different role than the mediator. A divorce lawyer and a divorce mediator have different professional specialties and different training. They have different outlooks on the process and goal of divorce. It can be important to understand what each does and how the process works.

The Mediator

A divorce mediator is there to resolve conflict between the parties. They are impartial participants whose job it is to solve problems and come to an acceptable divorce agreement. They help their clients see past anger and pain and view the things that are in everyone’s best interest.

A mediator can help you to view the process rationally and compromise. They protect all aspects of the divorce and never focus on one side more than the other. They see their job as untangling the relationship so that both parties can move forward with their lives.

The Lawyer

An lawyer knows all of the ins and outs of divorce law. Their job is to protect the rights of their clients and advocate for their client’s needs. They can help to untangle the complicated legal aspects of divorce. Sometimes mediation fails, and when this happens, the divorce can move towards litigation. In this case it may be vital to have a lawyer in your corner.

The lawyer’s sole responsibility is to advocate for their client as rigorously as possible. They want to make sure that their client is treated fairly and gets what they deserve.

Enemies and Allies?

This does not make the lawyer the enemy or opposite of a mediator. On the contrary, many of the most important aspects of mediation were created by learned lawyers. A lawyer, very often, prefers not to go to court as this is rarely in the best interest of anyone involved.

It is always best for a divorcing couple to get through the process as quickly and cleanly as possible, and an attorney knows this. By having an attorney at your side, you can still pursue a mediated divorce, while having someone there who can advise you on the legalities of the agreement you are pursuing.

Do You Need a Lawyer?

You do not need a lawyer to complete divorce mediation. The process is often very straightforward and is much easier than court. This is especially true if both parties are still friendly or have healthy respect for one another.

If you have any questions about the process of divorce mediation, we are here to provide any information and help we can. Connect with us today to get started.

Do you need a divorce lawyer?  Visit our partner firm, Jones Divorce Law LLP for more information.


Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.