Divorce mediation offers a number of advantages over traditional litigation, but it is only as effective as the mediator who is in charge of it. Selecting the right person is therefore of utmost importance to getting the most out of your divorce mediation. What are some of the questions you should ask and considerations you should keep in mind as you begin your search for a mediator? Cohen Family Law offers some guidance.
What is the mediator’s experience?
A mediator should have experience in the specific legal area with which you need help – in this case, divorce. While a mediator who handles (for instance) personal injury cases will have some knowledge of the mediation process, he or she won’t be adept at handling a divorce. This is especially true if the case involves complicated or unique matters, such as a high-net-worth divorce.
Our firm has extensive experience mediating divorce and other family law cases. While we do not counsel either party in our role as mediator, we do bring our legal background as a family law firm to bear on the matters that need to be resolved. We, therefore, understand the complexities and nuances of a wide range of family law matters that are related to divorce mediation, including:
- Child custody (legal decision-making and parenting time)
- Child support
- Marital asset and debt division
- Spousal support
Can you relate to the mediator?
Although experience with mediating divorces is an essential factor, it’s important that you can relate to the mediator. One advantage of mediation is that the spouses can let their guard down enough to freely discuss, and hopefully settle, their differences. The confidentiality rule that applies to mediation guarantees that settlement negotiations and offers cannot be used against you if a trial is ultimately needed. But if you aren’t comfortable with the mediator or feel that he or she doesn’t care about your concerns, you are less likely to be candid.
Cohen Family Law understands that divorce is one of the most difficult events for anyone to go through. We have also seen just how acrimonious some divorces can be. That’s why we treat both spouses with the respect, compassion, and professionalism they deserve.
Does the mediator’s approach seem rational and compatible with your goals for dispute resolution?
At the outset of mediation, your mediator will explain how the process works as well as his or her personal approach to it. You will need to ask yourself if both of those make sense and whether they match your expectations for what the divorce mediation should accomplish.
Before your mediation, give some thought to your goals. What would a successful mediated settlement agreement look like for you? What are you willing to compromise on? What are you not? Why are you opting for mediation over litigation? Share the answers to these questions with your lawyer.
Then, when the time comes, ask the mediator questions. Have a firm grasp of the process and what role the mediator will play in resolving your dispute. Cohen Family Law’s experienced mediation team will be able to allay your concerns and answer any questions you have throughout mediation.
Does the mediator offer solutions?
One of the benefits of mediation is that it allows the spouses to decide for themselves what the terms of their divorce will be. Mediators are in a wonderful position, based on their experience handling other divorces, to offer creative solutions to complex problems. Due to crowded dockets and busy schedules, judges can’t spend the time getting to know the parties, as mediators can.
Rather than run the risk of someone you don’t know (a judge) making major decisions that may affect you and your family for years, let the mediator help you and your spouse settle the divorce on terms you can both live with. You can count on this creative, outcome-oriented approach with Cohen Family Law.
Divorce Mediation Done Right
Whether you need our firm in the capacity of a mediator or to represent you during divorce mediation, we can assist with your legal needs. Cohen Family Law has mediated countless divorces, and we’ve also served as counsel to both Petitioner and Respondent spouses. Reach out to us today to learn more.
