The easy answer to the question, “Can a divorce lawyer also be a mediator?” is yes. However, it’s essential to understand the differences between the two roles and how these roles can intersect in a divorce proceeding. In this blog, we’ll explore the distinct roles of divorce lawyers and mediators and discuss whether one professional can effectively serve in both capacities.
After all, you want to know exactly who you’re working with and their unique role as you move forward.
What is Mediation?
When considering a divorce, couples often seek ways to resolve their disputes without the stress and expense of a lengthy court battle. That’s where a mediator comes in. Mediation has become a very popular alternative that can be cost-effective compared to a contested divorce trial and encourages cooperation and communication between a couple. Rather than represent one party over the other, a mediator acts as a neutral third party to help both spouses reach a mutually acceptable agreement.
Mediators do not advocate for one side or the other but promote communication, cooperation, and understanding. They encourage collaboration and help parties explore solutions without battling it out in court.
What is The Role of a Divorce Lawyer?
Divorce lawyers or family law attorneys exclusively represent their clients’ interests. They perform this role by offering legal advice, preparing necessary documents, and, if required, litigating in court. Their focus is on achieving the best possible outcome for their clients, whether that involves negotiating settlements, handling disputes over child custody, or dividing assets.
Circling back to the question above, divorce or family law attorneys often make the best mediators. Although, not all lawyers do mediation. Due to their familiarity with the law and their experience in the courtroom, they can help couples structure mediated solutions that will be easy for the court to approve.
Many divorce lawyers are trained mediators and can fulfill both roles. The key is that they never do so at the same time. A lawyer cannot mediate for a couple if, at the same time, they represent one of the spouses in that divorce.
Lawyers and Mediators Must “Stay in Their Lanes”
In summary, while a divorce lawyer can be an excellent mediator, they must clearly distinguish between the two roles to avoid conflicts of interest and ensure fairness. Legalities and ethics require that lawyers remain dedicated to the best interests of their clients alone, while mediators maintain loyalty to both parties and an equitable solution to their disputes.
At Christman | Daniell Attorneys, we realize the power mediation has to alleviate the agony of litigation. We are trained mediators. Our team can often bring objectivity and perspective to a dispute, which helps both parties in the divorce negotiate and settle what’s important to them.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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