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Finding and choosing a divorce mediator might be much simpler than you think. Large law firms tend to have mediators on hand and some divorce lawyers actually handle mediations themselves. There are times, however, when you will have to go through the process of finding and choosing your own divorce mediator.
Mediation is a process that is designed to facilitate communication, speed up the settlement and negotiation process, and bring the disputing parties face to face (with legal protection) to help resolve financial and custody matters. Some divorces can be handled completely via mediation so finding and choosing a divorce mediator can be imperative.
The purpose of your mediator is to help facilitate the clean and quick conclusion to your divorce issues but does not have the authority to sign off on any agreements without your primary attorney’s approval. You can always instruct your divorce lawyer to approve the agreement even if he or she does not feel it is in your best interest.
Even if your law firm has an in house mediator, you will want to examine their qualifications, years in practice, and their success rate. If it is at all possible, you will also want to know their reputation in the legal world. If your mediator is known for being firm, tough, and highly intelligent they often are able to negotiate better settlements. The opposition knows whom they are up against. They also know that if your mediator is known to be soft and a push over, your spouse’s negotiations will be much more aggressive. You can find out the reputation of your mediator simply by asking unrelated law firms.
If you have to strike out on your own, make sure you interview a variety of mediators. Do not settle on the first one just because you are emotionally drained and want the divorce process to be over. Question at least three or four mediators before making a decision. Find out all about their credentials, track records, and notice how they treat you during the interview. If you are uncomfortable with your mediator from the beginning, you aren’t likely to have a successful negotiation process during the proceedings.
Mediation may or may not be in your best interests. Some states require at least one attempted mediation. Nevertheless, inquire about the necessity and appropriateness of a mediation with your prospective mediator. Mediation only works when both parties are willing to give it a try. When it does work, it works well and often can keep divorcing couples out of the court room.
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