What Is The Difference Between A Divorce Lawyer And A Mediator?

When it comes to negotiating your divorce settlement in Calgary, you may wonder what the difference is between divorce lawyers and divorce mediators. A divorce lawyer and a mediator offer different services and create different results. Since the processes differ, prospective clients may wonder: “Could a divorce lawyer and a mediator work together to reach a mutual agreement? Or must we choose one, at the expense of the other?”

Below, we’ll cover some general reasons why you might consider divorce mediation, as well as the primary difference between an attorney and a mediator. We’ll also talk about what happens when these two types of professionals work together.

What Is The Purpose Of A Mediator In A Divorce?

Mediation may not be right for every couple going through a divorce or separation. However, if you and your spouse can’t agree on the issues in your divorce, meeting with some Calgary divorce mediators could be a good way to help you reach a decision. In mediation, an impartial person (the mediator) helps people reach an agreement they can both accept.

The mediator helps people talk the issues through in a way that often makes it easier for the couple to settle the dispute themselves. Mediators do not make decisions. If one side agrees to an idea or suggestion of the other, that idea is still just that – an idea unless it is agreed upon by both sides. A good mediator will help couples work together to find solutions.

What Does A Divorce And Family Lawyer Do?

Family law lawyers (or, divorce lawyers) represent individuals and families in legal issues affecting them both during their marriage and after their divorce. They are highly specialized professionals in all areas of what is known as Family Law. Although family lawyers participate in drafting prenuptial agreements, they also work with couples to create a postnuptial agreement during a married couple’s period of stability.

Family lawyers are responsible for representing individuals or families facing separation, divorce, or inter-family disputes. Family law lawyers will work with the couple to determine the division of their assets, counseling, custody arrangements, and visitation rights. After an official divorce is granted by the court, family lawyers must assist in enforcing the divorce order through the filing of contempt charges against anyone who does not abide by it.

How Calgary Divorce Mediation Can Help Save You Time And Money

Mediation takes many of the legal decisions out of your divorce. The mediator will not issue rulings regarding child custody, spousal support, child support, alimony, or division of property. All information is heard by both parties together, and the mediator helps to facilitate an agreement between the two parties. Negotiation skills are learned by both parties, allowing them to reach a fair settlement without the stress and cost of litigation.

Divorce mediation doesn’t just help avoid litigation; it can cut down significantly on your costs as well, as you won’t have to pay court fees. Sometimes the worry that one party will try to take advantage can prevent people from reaching an agreement, but mediation offers protection by allowing each party to have their own attorney involved in the negotiation.

The mediator helps create clear goals for each party and helps keep things civil. The idea is not for one side to come out victorious or another side to lose; it’s for both parties to reach an agreement where they are both successful.

Conflict Resolution Techniques To Avoid The High Cost Of Litigation

Divorce can be nasty, ugly, painful, and overwhelming. One of the worst parts of the process is resolving conflict that may arise throughout it. The following tips will help you minimize conflict throughout your divorce.

  1. Don’t obsess about your spouse or their past actions;
  2. Communicate with each other through writing or through a lawyer if necessary;
  3. Hire a third-party mediator to help you work through the divorce process;
  4. Determine what information is shared on social media before it is too late; and.
  5. Keep in mind that this is a process, not a single event, and everyone will work through this period of adjustment in their own way.

The Takeaway:

Divorce can be a long and arduous process, with many opportunities for poor decisions to be made. A divorce attorney may not always be the best solution to all of your problems. Mediation can help you avoid some of those pitfalls.