The Difference Between Divorce Attorneys And Divorce Mediators
Mediation is a way of resolving any issues or disputes that may arise between the couple, and is handled by a third party member, who can listen to both the people involved, and come to a conclusive decision. It is an effective way of managing divorce settlements, because everyone present can give their own inputs, talk about the own requirements and come to a negotiation. The husband and wife can take control over the matters themselves, and decide what would be best for them and their family, with the help of the mediator. In divorce litigation, there’s no single person overseeing the discussion. Both the husband and the wife need to hire their own attorneys who argue their cases.
The major difference
While a mediator isn’t representing either parties, and is acting as a neutral third person who has the husband’s and also the wife’s interests in mind, a divorce attorney cannot represent them both. He can be hired by either one of them, while the other hires their own divorce attorney to argue their case.
Legal expertise of a lawyer can be helpful even when the husband and wife are agreeing in most cases and have a fairly good idea of how they want the proceedings to go. This is because sometimes, in cases where the assets that need to be divided are too large, only an expert with proper financial knowledge can help in doing so. A lawyer is usually hired when the parties are conflicting, because in that case, they need someone who can help them in appealing their case and trying to direct the divorce in their favor. Custody battles are one of those issues, where both parents are likely to want to keep their children with them. This is where the lawyer can come in and try to prove why his client is better suited for taking care of the kids.
Amicable divorce
When the divorce is amicable, and the parties involved see eye-to-eye, then hiring a mediator can be the wiser decision. They are good at coming up with solutions for any issues that might come up during planning of the divorce. Also, hiring a mediator is a lot less expensive than hiring a lawyer, and usually the husband and wife share the fee.
The husband and wife can still hire their own individual attorneys, after having consulted a mediator, for additional advice and his expertise.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
