Lawyer Or Mediator? Which One Should You Opt For During Divorce

By Gerald A. Maggio, Esq.

orange county divorce mediation; California Divorce MediatorsDivorces can be complicated matters and getting caught in the middle of legal problems is common. some people try avoiding divorce cases by going through a mediation first.  A divorce mediator helps couples either negotiate divorce settlements or resolve issues that leads to the dissolution of marriage.

However, divorce mediation is not appropriate in all situations.  For certain cases where domestic abuse or some kind of crime is involved, courts often start divorce proceedings without a mediation. But it can be confusing for people who are stuck in between and don’t know whether to hire a lawyer or a mediator.

When does mediation work?

California courts always favor divorce mediations and alternatives to divorce because it saves them for going into complicated cases. They can instead focus on more pressing matters. It is the reason why courts ask couples to go through a mediation process before the divorce is finalized.

Mediation processes are successful when the idea of a divorce is mutual and both parties understand what it means for them. Divorce mediations are useful when the couples are open to comprise without any emotional attachment.

Mediation is a powerful process and many marriages have worked out after couples went through a mediation process.

When does going to a lawyer work?

Divorce mediations are absolutely necessary but in some cases, they are not required. In cases where clear signs of domestic abuse or child abuse is involved, mediation is unnecessary. In other cases, where the court feels that a mediation is waste of time, divorce proceedings are directly handled by lawyers. Sometimes, mediators and lawyers are the same person and the roles are intertwined. For such lawyers, it becomes easy to do both without the client or the courts interference.


Since divorces can become ugly, mediation processes that can potentially save the marriage is often used to pacify issues between the couple. Mediation processes work best when both parties are ready to reach a common ground where they can work out things. Often, it helps save their marriage. Divorce mediations also help couples who aren’t too emotional or touchy about the dissolution of their marriage.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation