Relationships and family matters are one of the greatest joys we can have in life, and they can be one of the biggest stressors when things go wrong. Once a marriage stops working, people begin looking for ways to settle matters and move on with their lives. The problem is that making a clean break is not always that simple, especially when children are involved. Legal disputes are a stressful period in one’s life.
Stress can only be enhanced when confusion is mixed in. One of the biggest questions that clients can have is whether they should opt for an attorney or a mediator. Some even believe that the two roles are synonymous, while others think that only one is an option. People that are new to the legal system can easily become confused by the roles of an attorney and a mediator. Before deciding which one meets your needs, it is vital to know the difference between the two roles.
Mediator
Mediators can be attorneys, but it is not a requirement. The mediator’s role is to provide mediation to parties in a dispute. This means helping the people involved communicate their issues and concerns, along with helping them reach an agreement around the dispute. Mediators are not supposed to decide who is “right” and who is “wrong” or tell people what steps to take to make things right. Mediation is about talking to both parties and actively working on a solution that makes sense to the mediator and the parties in the dispute. Mediators can assist in making communication more manageable, but they have to be neutral at all times. They are also not allowed to provide therapy, legal advice, or counseling to clients.
While mediation is centered around working things out and coming to an agreement, this isn’t always possible. Oftentimes, people in such sensitive disputes can be very emotional and un-agreeable. In such situations, it can be challenging to find common ground that works for everyone involved. In a situation where an agreement is reached, that agreement must be put in writing and signed by the parties involved, making it a legally binding document.
Attorney
The role of an attorney is quite different in these types of disputes. They are there to stand by their clients’ side and advocate for them. They have one goal, and that is to get the best possible result for their clients. Your attorney will enter into negotiations with the other party’s attorney and try to negotiate on your behalf. If these disputes cannot be settled, the issue will carry on through the family court system. Here, attorneys will present their case to the court in a trial, after which a judge will ultimately decide on the outcome. It is important to note that, unlike a mediator, an attorney cannot represent both parties in such disputes because it is a conflict of interest.
Knowing where to turn in these stressful times will help you get through the proceedings more easily. Ultimately, both attorneys and mediators are looking to help you resolve the problem and help you move forward. Mediators aim to do it through communication with the other party, while attorneys represent you and advocate for you as well as look out for your best interest.
Debora A. Diaz is an attorney concentrating only on divorce and family law cases. She is a Supreme Court Certified Family Mediator and is also available to mediate your case.
Written by Debora A. Diaz, Esq.