• By Bo Nichols
  • January 25, 2022

Divorce Mediator Vs. Divorce Lawyer – What To Choose?

No matter what your circumstances are and in which state you live, the decision to get a divorce is stressful and tough. Not only the decision to divorce is challenging, choosing a mediator vs. divorce lawyer makes it more difficult. Many individuals don't want to hire a lawyer to cut the expense of divorce – however, mediators also fail to reach an agreement in some divorce cases. This comparison doesn't mean that lawyers and mediators work in opposition. In fact, some divorce cases require a lawyer and a mediator too! A mediator is a neutral person who focuses on the best interest and mutual agreement between both parties; however, a divorce lawyer only emphasizes the clients' best interest. So, which is better – a divorce attorney or a mediator? Hold on! Before reaching the conclusion of choosing a divorce lawyer or a divorce mediator – it is important to learn about the differences between each and the outcome they can have on your divorce.

Mediated Divorce

It is the traditional type of divorce where couples walk to the court for a divorce. One party files a petition to terminate the marriage and decide about child custody and property division. Both parties hire their divorce attorney who will specifically represent and focus on the best interest of their client. Your divorce lawyer will represent you during each proceeding without concerning about the best interest of your spouse. A lawyer is beneficial in divorce cases if the other party has hired a lawyer, your spouse is dishonest about the finances, you don’t trust your spouse, and you have spousal support, child custody, and child support disputes with your partner.

Advantages Of Mediator

You can choose to take your case to a mediator or, in some cases, the court order a mediator to find solutions to the disputes. A mediator can be beneficial in many ways:

Faster Process

Hiring a divorce attorney and heading to court is a lengthy process that may take months to years. However, mediation can proceed at a faster pace; you can schedule meetings according to your time rather than waiting for court dates.

Less Expensive

Although mediation sessions aren't free, they cost significantly less than divorce lawyers. If you choose to attend mediation and reach a mutual agreement, you may decide not to hire a lawyer at all..

More Control Over The Outcome

With mediation, you and your partner can make important decisions, and you both can decide about your finances, child support, child custody, and other matters. On the other hand, you put your future in the court's hands to decide your personal matters with a litigated divorce.

Confidentiality

Most divorce cases, when they reach the court, spread in the air like public knowledge. However, mediation and its outcomes are private – one of the reasons why many couples opt for mediation.

Cons Of Divorce Mediation

Mediation can be a beneficial option for many couples; however, it does not work for every divorce case. It is not a good option in some cases:

History Of Domestic Violence

If there is a history of domestic abuse, don't try to solve divorce matters alone. Mediation requires detailed conversations and multiple meetings with the spouse – if there is a history of abuse in your marriage, you and your spouse won't be comfortable communicating with each other. However, if you want to give it a try, hire an attorney who can assist you in mediation sessions.
In addition, if you have experienced domestic abuse, you might need a temporary protection order from the court. A lawyer can help you in this case, and your mediator cannot.

One Spouse Wants Divorce

Mediation is not a good idea if the divorce decision is from one side. If your spouse disagrees with you for a divorce, it is unlikely that you both can reach a mutual agreement. In this case, hire an attorney to file a divorce petition.

Lack Of Trust

If you don't trust your spouse or if one spouse hides the finances, it will negatively impact the division of assets, child support, alimony, or spousal support decisions in the future.

Imbalance Of Power

If one spouse has power over another or controls the conversation, mediation is not the right choice for them. With mediation, both spouses should understand each other points, so the decision is in the best interest of both parties.

One Spouse Has Hired A Lawyer

If your partner has hired a lawyer, it's good to hire one for yourself. If you have financial issues, you can request the court to order your partner to pay all the legal costs and fees. Usually, the court approves it if one spouse has better financial condition than the other.

Conclusion

Mediation divorce and hiring a divorce lawyer – both have their pros and cons. If you think mediation is a good idea for your divorce case, you can suggest it to your partner. On the contrary, if you think mediation isn’t for you, it will be best to hire a family law attorney to present your case to the court.