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Family Law

Divorce Attorney vs. Mediator

One of the first questions you may ask yourself during a divorce is “Do I need representation?”  This article helps break down the differences between hiring an attorney to represent you and hiring a mediator to mediate your case.

What’s the Role of the Mediator?

Unlike an attorney, a mediator does not solely represent you and your best interests.  Rather, it is a mediator’s job to help you and your spouse come to an agreement.  Mediators, therefore, are neutral third parties whose main focus is on helping the parties come to a final agreement.  Mediators cannot give legal advice; rather, mediators simply provide information necessary to help you make decisions.  If mediation is unsuccessful, the mediator cannot testify about what happened in mediation, nor can the mediator provide you with legal representation.

The Benefits of an Attorney

When you hire an attorney, you’re hiring someone to fight for your best interests and manage each aspect of your divorce.  Your attorney will draft the necessary documents in your case, provide you with legal advice, and represent you in both negotiations and court proceedings.  Your attorney will also appear with you at mediation – often a court-ordered process – to provide legal advice and make sure a fair agreement is reached.  If an agreement is not reached at mediation, then your attorney is there to help you prepare for your divorce hearing.

Effective representation is critical in a contested divorce. Divorce can be a daunting process, but with the right representation, the process can be a little less painful. Contact the experienced attorneys at Modern Family Law for a free consultation to discuss your case.

Posted October 26, 2016
by: MFL Team


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