Do I Need a Lawyer and a Mediator?
Get the Facts from Our Top-Notch Family Law Attorney in Flower Mound, Texas.
If you are considering divorce, you’re probably wondering whether you need a divorce lawyer vs. mediator to handle your settlement. Get the facts about divorce and mediation from our top-notch, family law attorney. Family law attorney and mediator Jared Julian of the Julian Firm explains the difference.
You may already have a divorce lawyer, but mediation could still play a role in your proceedings, depending on your court’s ruling. During divorce or child custody proceedings, the court may order the parties to attempt mediation to reach an agreement. Mediation is an alternative method for dispute resolution in divorce, child custody and other family law cases. Some people may wonder if a mediator is necessary if they have already retained an attorney or if mediation can proceed without a lawyer. However, the role of a family law mediator is very different from that of your lawyer. Both play important roles during mediated negotiations.
Jared Julian, a founding member of The Julian Firm, P.C., explains the role of your divorce lawyer vs. mediator during family law mediation.
What Does a Divorce Lawyer vs. Mediator Do in Family Law Mediations?
In Texas, family law mediation involves informal, confidential negotiations outside of a courtroom. Generally, both parties stay in separate rooms while the mediator relays information back and forth between them. This allows you to speak honestly, without the pressure of a courtroom or the stress of facing the other person or people directly. A family law mediator will not rule on your case or enforce any decisions. Instead, he or she will help you work through your disputes, such as divorce agreements or child custody arguments.
If successful, the divorce mediator will help both parties come to an acceptable agreement, which may then be drafted and signed. However, a family law mediator is an impartial third party whose main job is encouraging communication. While he or she can offer solutions to the issues and disputes presented, he or she cannot give you legal advice.
On the other hand, your divorce lawyer is on your side and will protect your best interests. Unlike your mediator, your divorce lawyer is essentially your legal expert. He or she can clarify details or point out issues that you may not have thought of or notice so that you do not agree to something you do not want. Additionally, your divorce lawyer can help you prepare for a family law mediation session, and will explain any legal agreements to you in plain language. Both divorce lawyers and mediators together help you find balance during divorce or family law negotiations.
Do I Still Need a Divorce Lawyer for Mediation, If We Both Agree on Everything?
Even if you and your spouse are in agreement on all aspects of your divorce, you probably still need a divorce lawyer to complete the paperwork, but you may not need a mediator. Divorce mediation is just one method of dispute resolution that some courts prefer, especially when children are involved. Therefore, you only need a mediator if you and the other person disagree on something.
Uncontested divorce is rare in Texas and other states, but it can save you time and money if the circumstances are right. Often, people think they have an uncontested divorce because they have not considered all of the implications of property settlement, child custody, child support and spousal support. Therefore, even if you are parting amicably, it is best that you each hire a divorce lawyer. A lawyer will ensure you have considered important issues like child custody and support payments, home ownership and division of assets. Then, if any disputes arise between you and your spouse, your attorney may suggest mediation.
Still Need Help? Jared Julian Explains: Divorce Lawyer vs Mediator or Both.
Mediation is often extremely helpful during divorce negotiations or other family law matters. A family law mediator facilitates negotiations while your attorney works to protect your best interests. However, in some cases mediation may not be necessary, such as in uncontested divorce.
If you are considering divorce, uncontested or otherwise, call Flower Mound family law attorney and certified mediator Jared Julian. As your lawyer, he can advise you on whether mediation may be the best path for your individual case. Schedule a consultation with Jared Julian today.