A quick overview to help you decide.
One of the most frequently asked legal advice questions we receive is, “What’s the difference between divorce attorneys and mediators and how can I best decide?”
First, let’s discuss the most basic difference. A divorce attorney will represent your interests only, while the mediator will impartially represent the interests of both you and your EX.
Note: Laws on divorce and mediators vary from state to state, so this is a general difference. Be sure to know the final details of your state’s laws and procedures prior to hiring any professional.
DIVORCE ATTORNEY: represents only you.
1. Matters between you and your attorney will remain private.
2. Ultimately, if the divorce attorneys can settle on the terms of divorce, then legal papers will be filed with the courts, and the divorce will be granted without a court appearance.
3. If both parties cannot agree on the terms of divorce, then off to court you go, to battle it out in front of a judge and “cha-ching” that’s more money preparing for your day in court.
MEDIATOR: acts as the impartial divorce negotiator for both you and your EX.
1. In some states, matters between you and your EX are discussed openly in front of the mediator. (So if you’re in a state, such as this, and you can’t say what you need to say in front of your EX and a mediator — this might not be a your best choice.) Other states offer private mediation.
2. Mediator’s costs are typically split between couples unless some other arrangements are made. Many states also offer free mediation through the family court system.
3. When the mediator helps both parties settle with the terms of divorce, legal papers are processed, and usually no court appearance is necessary. (As a judge doesn’t need to decide for you, you’ve done it thru your mediator! Thanks mediator!)
4. If you and your EX cannot agree on the terms of divorce with a mediator then, most likely, the case must go to court and divorce attorneys will be involved.
Still not sure which route to take? Further discussion on the PROS & CONS as well as hiring tips, are below: