Friday, 14 October 2011

Divorce Mediation - Do You Think that You Need A Lawyer?

Mediation is an alternative to prosecution for the divorce. Although it’s just a peace talk and doesn't require the services of a lawyer, on should however consider with regard to the circumstances.

Let us first understand who is a mediator. He or she is a neutral third party who will help you and your spouse communicate better. The ultimate goal of mediation is to convince both the parties to reach for an agreement on all of the issues without a trial.

As a neutral third party, the mediator is not allowed to give advice to any party, even if the dealer also happens to be a lawyer. If the mediator intervenes, he may lose his/her neutrality and the mediation process may be compromised. This may result the parties going back to square one without any fruitful outcome, and stand against each other instead of working out together for an easy solution.

The role of a family lawyer, on the other hand, is to educate you or your spouse about your legal rights after marriage. This includes advice on the legal implications of any agreement done. By definition, then a lawyer has to be on the side of the party he or she has committed to. This is in contrast with the role of the broker, who cannot take sides.

During San Diego divorce mediation, you may feel the need to seek legal advice. The lawyer will not only explain the rights arising due to marriage, but also the consequences of a mediated divorce agreement.

Seeking legal advice on divorce law is consistent with the mediated divorce in San Diego, however having a lawyer does not necessarily mean that your divorce has become a contentious divorce. Brokers regularly take up family mediation cases where one or both the parties are equally represented.

The question we must answer for him, while in the mediation of divorce, if not represented at this point is: do you have any questions you feel you need to know your rights before accepting a particular solution, including the legal consequences of this solution for you?

To request the mediator's response to this question leads to the mediator simply lets you know that you have the right to seek legal counsel. The mediator does not tell you if you should get San Diego divorce mediation lawyers or not. The choice is yours, because arbitration is designed for the parties to control the outcome of all matters or questions, including whether you should go see a lawyer, what you need to solve (all or some), because time your broker, etc., and, of course, if they agree to all the same.

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