Primordial Roles of a Divorce Mediation Lawyer

Divorce mediation is an option increasingly used by couples as a less expensive and less contentious alternative to traditional divorce litigation.
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The mediator guides couples through negotiations on asset division, custody arrangements, and spousal support during the mediation process. The mediator also prepares a final divorce settlement agreement that will become part of the divorce decree.

Facilitator

A facilitator is a trained professional that acts as a neutral third party during divorce mediation. They do not advocate one solution over another and instead work to brainstorm ideas and options that meet your family’s unique needs.

A divorce mediation lawyer can establish a psychologically safe environment for participants of different backgrounds and beliefs. They push people to think beyond their biases and develop critical self-reflective skills.

They are also responsible for helping to organize and conduct various types of meetings, events, and seminars. They often help to improve interpersonal skills and team productivity.

A skilled facilitator can effectively communicate and negotiate with clients, groups, and teams. They can also manage their own time and tasks effectively and be flexible.

Negotiator

Mediation involves a give-and-take process that is based on the issues that are most important to both parties. The mediator asks questions, summarizes responses, and homes in on specific concerns that may not be known to participants.

A good mediator can help spouses reach a fair and reasonable agreement more likely to be adhered to than a court order. It is essential in complex financial matters or parenting matters concerning children’s well-being.

The mediator can be a lawyer or a non-attorney (financial professional, mental health professional, etc.). Often, the mediation process ends with the mediator drafting a divorce settlement agreement and filing it with the court.

Counselor

Divorce mediation lawyers often call upon counselors to assist with negotiation and communication between couples. However, they do not offer therapy but attempt to find common ground to reframe and rebuild damaged relationships.

The role of the counselor in a divorce mediation setting is essential because they work to reduce acrimony and help couples dissolve their relationship with more stability than is possible in a courtroom. Their work is confidential (as marriage records are) but may be noted in the settlement agreement, which is the basis for a divorce record.

A counselor’s skills can also help to facilitate agreements on complex financial issues. These include valuing business assets, dividing executive compensation packages, and other complex matters requiring expert analysis.

Facilitator of communication

They are facilitating communication means removing any barriers that prevent people from communicating effectively. It includes defining the process and setting ground rules, eliminating distractions, creating an environment conducive to communication, and ensuring everyone have all the information they need to participate in the discussion.

A good facilitator can ask questions to obtain the information the participants need to discuss. They can also establish the conversation’s focus and encourage participants to share their thoughts.

In some situations, parties may need to be prompted to share their views without using abusive or inflammatory language. For example, a mediator might use a ground rule to request that this behavior change or pull the party aside during a break to talk about the issue with them privately.

Facilitator of negotiations

The mediator’s role is to facilitate a process that allows parties to express their feelings, state their needs, exchange offers, and settle on fair, mutually beneficial arrangements. It can include child custody, shared business interests, asset distribution, and spousal support.

A key to effective negotiation is to focus on interest-based goals rather than position-based ones. For instance, if a mother says she wants full custody of her children, the mediator may encourage her to shift that goal to quality time with the children.