When seeking legal aid during a divorce, you have two main options: divorce lawyers, or divorce mediation lawyers. Most people are more familiar with regular divorce lawyers, so they neglect to look into mediation. Below, you’ll find out why mediation can be the better choice for many divorcing couples.
What Do Divorce Mediation Lawyers Do?
Divorce mediation has an unbiased third party help you negotiate your way through your divorce. Your divorce mediation attorney helps create a safe space for you and your ex-spouse to negotiate the terms of your divorce in a calm, supportive environment.
A mediator keeps the best interests of everyone involved in mind, and they help you make decisions for yourself. This differs from regular divorce hearings where a judge makes all of the decisions instead.
Does Your Mediator Have To Be a Lawyer?
Mediators don’t have to be lawyers, but looking for divorce attorneys in Sugar Land, TX who are also mediators would be beneficial. If your mediator is an attorney or has a legal background, then they’ll be able to communicate with your regular attorneys easily during the proceedings.
Do You Need An Attorney And A Mediator?
Each spouse should hire an attorney despite having a mediator assisting with the divorce. However, during a mediated divorce, your individual attorneys won’t act as your advocates as they would in the courtroom. Instead, your attorney will take on more of an advisory role. Your attorneys also don’t need to attend every mediation session.
Can a Mediator Help Divide Assets?
Mediators can help you divide assets and can oversee conversations you and your former spouse have about the division. The mediator can make suggestions about how it may be best to divide assets based on who owns what, who earns the most, who paid the most for your marital assets, and more.
Your mediator cannot enforce any decisions you make regarding the division of assets, but they will try to make suggestions that seem fairest and most beneficial for everyone involved.
Can a Mediator Help You Decide Custody?
Mediators can help you determine who gets custody of your children. In court, custody is decided based on your children’s best interests. The judge often doesn’t take their feelings, or your feelings, into account. Your mediator will take everyone’s best interests into account as you and your former spouse negotiate custody.
Your mediator can present you with questions and scenarios you hadn’t considered when discussing custody arrangements. They can also help you work out a co-parenting plan for the future. Your mediator wants all parties involved in the divorce to be happy, and this is something a judge in court doesn’t always consider.
Can a Mediator Help in the Long Run?
Mediators can help in the long run by ensuring all discussions had during your divorce are calm and healthy. Former spouses talking and making demands through regular divorce lawyers can sometimes lead to resentment and a breakdown of communication. Your mediator will ensure this won’t happen. You and your former spouse will likely end up with a healthier and more amicable relationship post-divorce if you work with a mediator.
Top 3 Benefits of Hiring a Mediation Attorney vs a Regular Divorce Attorney
1. Mediation Costs Less
The average divorce costs between $15,000 and $20,000. Mediators tend to charge a little less, even if they’re also attorneys. Divorce already places a financial burden on you and your family, so anything that saves money during the process is a plus.
2. Mediation Can Be Less Stressful
Getting divorced can cause severe emotional distress. You’ll often be hurt, angry, and upset before you even hire an attorney and begin the legal divorce proceedings. Dealing with legal terms, legal papers, court dates, and everything else that comes with a regular divorce can put further strain on your mental health.
Having a safe space to have open and calm discussions with your former partner will reduce stress. When you work with a mediator, you’ll feel like you and your former spouse are on the same team and working towards the same goals.
3. Mediation Has Long-Term Benefits
The long-term benefits of mediation are outlined above. You can have your mediator help you with co-parenting discussions, and your mediator can help you work through hypothetical scenarios that may come up and cause complications in the future. Regular divorce lawyers don’t do this, as their focus is on getting you through the divorce in your current circumstances.
Overall, mediation is a more cost-effective, less stressful way to handle a divorce. Mediators are there to listen to everyone and help you make decisions. They’ll never enforce a decision the way a judge will, and they always have the best interests of the whole family in mind.