Do you know who a mediation lawyer is? He is the person who can give legal advice during your separation. The mediator is an attorney but cannot provide legal advice while in the role of mediator. However, the mediator’s subject area of expertise may benefit the parties in wording and framing the mediation agreement or in circumstances where the parties are open to neutral case evaluation.
A mediator is an unbiased third party who can provide legal information but does not give legal advice or represent any parties. A mediator will not advocate for or against any side in court. A lawyer is duty-bound to represent only one party and cannot represent two parties. If you plan to get separated from your relationship, you should be looking for a divorce mediation lawyer near me.
DIFFERENCE BETWEEN A LAWYER OR A MEDIATOR
Although both lawyers and mediators are professionals who work with conflict resolution, mediation and law are distinct professions. A lawyer’s education and experience are suitable for becoming a mediator because lawyers already know how to interpret statutes and analyze complicated factual situations.
ROLE OF A MEDIATION LAWYER IN A DIVORCE
You do not need a divorce mediation lawyer every time during a divorce. You do not need a mediation lawyer’s direct participation in most mediations. People who meditate are less likely to need an advocate because they are trying to work together to solve their problems. Because there are very few mediation lawyers, rules are few and straightforward. People can usually handle the process independently without too much trouble.
If you consider having a mediation lawyer help you meditate, you should look for an attorney who truly supports the process. Unfortunately, mediation lawyer enjoys their role as advocates and find it difficult to change gears to focus on helping people work out a compromise solution.
Questions to ask a mediation lawyer before hiring
In an age when many lawyers are unemployed, there is always the risk that a lawyer who wants your business will say that they support mediation when the lawyer has a somewhat negative attitude. So, to go a bit deeper, consider the following:
1. Has the attorney ever dealt with clients who were through mediation?
If so, what did the mediation lawyer think of the process? Was it successful for the client? The way mediation lawyers talk about their prior experiences in mediation often reveals whether they support and respect the process or think it is a waste of time.
2. Has the lawyer undergone mediation training?
These days, mediation lawyers can choose between two forms of mediation training. The first is training to be a mediator, and the second is training to represent clients in mediation effectively. When you hire a mediation lawyer to help you with mediation, be sure you understand how fees will be computed. Most lawyers will charge you their standard hourly rate.
3. What are your qualifications?
Being a mediation lawyer is an essential qualification. Still, it does not assure that the mediator has the background and experience to deal with diverse emotions endemic to divorce. These additional qualifications will expedite the mediation and save time and money. Beware of attorneys who hold themselves out as qualified divorce mediators without completing specialized divorce mediation courses or training. They don’t realize that the competencies necessary for a divorce mediator are significantly broader than those required of a lawyer.
4. How would you describe your mediation style?
Most mediators adhere to two basic mediation styles: the directive and the facilitative style. The directive style calls for the mediator to do their best to direct divorcing couples to a settlement from the mediator’s perspective of what a judge would decide. The facilitative style calls for the mediator to function as a facilitator, much like a mental health professional, helping divorce couples process each matter involved in their situation and reach a mutually satisfactory settlement.
5. Do you still combine divorce litigation and mediation in your practice?
A mediator’s ability to wear two hats – that of divorce litigator and divorce mediator – is likely to be hamperes. A mediator who still litigates divorces in court, despite their best intentions, is expected to unknowingly slide into the position of combatant, producing unnecessary division and conflicts and extra time and money.
6. How long will be mediation session?
Most competent mediators divide mediation sessions into many sessions, each lasting no more than two or three hours. They recognize that setting a time limit maximizes productivity. While giving each partner time between sessions to think about and process the material revealed during mediation. On the other hand, some mediators do not set a time limit for a session. And insist that the mediation continues for as long as the divorcing couple takes to achieve a comprehensive agreement. It makes no difference if one or both partners are fatigued, under pressure, or overwhelmed with knowledge.