Home industry legal Divorce Mediator vs. Attorney: Which Is Right for You?
Legal
CIO Bulletin
2024-09-04
Divorce is a naturally stressful and emotionally charged event and can come in many complicated ways. It impacts crucial aspects of one's life—children, high-value assets, and businesses suffer while divorce unfolds. Hence, you must have legal guidance during the process to avoid breaking down.
However, most people are ignorant of who to hire between a mediation professional and a divorce lawyer. There are a lot of nuances to be aware of when it comes to divorce proceedings. In such a case, it is a great idea to consult an Atlanta Divorce Law Group. This piece will explain the differences and how to choose the right one at a time.
The Relationship between Divorce and Mediation
Understanding the differences between the two processes is essential before deciding whether a mediator or divorce lawyer is the ideal professional to hire. First, you must know that every situation is distinct.
The two approaches are valuable but will produce different results for your break up. Hence, you should avoid rushing to make a decision that can backfire in the long run.
Litigated Divorce
A contested or litigated divorce happens when the couples cannot agree on settling their differences. Contentious issues in contested divorces include child custody, running of joint business, division of assets, and spousal support. When arguments over these issues become heated, it is obvious the estranged lovers cannot resolve their differences amicably; hence, they need to file a divorce complaint with the court.
The complaint is an official way to inform the court to help you resolve the knotty issues before dissolving the union. A family court judge usually presides over such trials.
While each couple can decide to represent themselves in court, most people with contested divorce typically hire a reputable and distinguished lawyer to argue their case. They do not want to leave anything to chance, and most of them understand that they cannot be at their best during this moment.
Divorce Mediation
It is an alternative dispute resolution strategy involving spouses conversing through disagreements. Couples that take this route hope to resolve their differences amicably before the breakup.
Divorce mediation is also less expensive than a litigated one. Couples discuss germane issues during mediation, hoping to reach a common ground during mediation.
What is the Duty of a Divorce Attorney vs. a Mediator?
Although divorce mediators and lawyers commonly aim to resolve breakup cases, they employ different strategies for it.
Mediator
A breakup mediator is an objective third party in a divorce conversation. A mediator can negotiate an agreement on behalf of the two couples. Despite their ability to help and enlighten couples, a mediator cannot offer them legal assistance.
The burden of deciding on the final agreement rests on the spouses. The mediator acts fairly to both parties.
Attorney
Divorce attorneys only represent their clients, unlike mediators who work for both parties. A divorce lawyer focuses on securing the best deal for their client.
A lawyer offers their legal expertise to their client and ensures the opposing party’s lawyer does not shortchange them. Divorce attorneys usually take the central stage in contested divorces.
Deciding Whether a Divorce Lawyer or Mediator is Right for You
Sometimes, deciding whether to go for a mediator or a divorce attorney can be tedious. However, you need to be careful with your decision because it will have a long-lasting effect on you. If you and your partner believe you can resolve the knotty issues amicably, opt for a mediator.
Hire an attorney if mediation does not give you the desired outcome. You could go for a lawyer who will prioritize your interest and ensure you get a fair result. In these trying times, you don’t need to navigate legal complications all by yourself.
Conclusion
Getting help when going through a divorce can make things easier. Dealing with legal matters and splitting up with your partner at the same time can be quite overwhelming. With the help of the right attorney or divorce mediator, you can turn the tides in your favor and ensure that both parties receive equal compensation. Choosing between a divorce mediator or an attorney can make all the difference.
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