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Is a Mediation Attorney Best for my Divorce Situation



Going through the divorce process is an arduous journey. It is frustrating, confusing, and painful. Wondering if a mediation attorney is best for your divorce situation is a question many people ask, but it is not always the best decision for everyone.

Should Mediators Also Be Attorneys

The title of mediation attorney is somewhat redundant. While each state and jurisdiction is unique, almost every state requires court-approved mediators to also hold a law degree, and non-court-approved mediators are seldom chosen. A law degree is always preferred because many professionals believe successful mediation to simply be an extension of legal practice and a skill most lawyers already possess. It is natural that mediators be attorneys because of the level of legal complexity many of the cases referred to mediation possess, even though it is unethical for an attorney to give legal advice in a mediating role. For this article, we will safely assume that all mediators are attorneys as well.

Does My Case Warrant A Mediation Attorney

The judge will often refer tough cases that need it to mediation. Such cases include situations in which the two parties cannot agree on the division of property, child custody, support, or the settling of debts. The parties do not need to wait for a judge to order them to mediation in order to use and benefit from the process. A mediator can help the two spouses find out what is at the root of their inability to come to an agreement. Mediation is almost a cross between therapy and litigation because the mediator will take the time to explore what is at the root of the conflict and work it out with the involved parties, and their decisions can also be legally binding. Couples can choose mediation over a costly and lengthy divorce trial to resolve their issues and come to an agreement.

Any parties involved in a divorce who are having problems coming to an agreement can enter into and benefit from mediation. If you are looking for a faster and more economical alternative to a divorce trial, mediation might help.

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