Guidance is one of the decisions that you will have to make as you go through a divorce process and that is whether to seek the counsel of a divorce lawyer or a divorce mediator. The two are both relevant to the divorce process, but they are used differently and they belong in different circumstances. By realizing the distinction, you will know how to make the most informed decision on your own, at your own unique situation that is either a peaceful and affable outcome or a rather conflict-filled and complex state of affairs.
The Role of Divorce Lawyer
Divorce lawyers in Surrey, BC are legal practitioners that are authorized by the government to practice as attorneys who speak on your behalf as per the legal tussles of divorce. They provide advice on such topics as:
- Parting of assets and liabilities
- Parenting schedules and child custody
- Child and spousal support
- Preparation of required court documents
- Being in your place in court, in case required
Divorce attorneys are most of the time useful in disputed cases, high-asset property, or issues on legal rights. They speak on your behalf, safeguard your rights and make your divorce legal to the State laws.
The Role of a Mediator.
A mediator is a third-party who helps a couple solve conflicts and agree on a certain issue without court. In contrast to the attorneys, mediators do not adopt sides and give any legal advice. Rather, they facilitate communication and make the two parties get through effectively by directing the discussions.
The best time to use mediation is when a couple is both:
- Prepared to collaborate
- Accepts compromise
- Devoted to solving problems through a peaceful way
- Not in the cases of abuse, intimidation, or power disparity
- It is a more participative way and may result in faster and cheaper decisions.
Major difference between a Divorce Lawyer and Mediator
We compare it here, that you may decide:
| Mediator | Divorce Lawyer |
| Acts on behalf of one of the sides | Impartial mediator between both sides |
| Provides legal assistance | No provision of law |
| Are capable of dealing with tricky cases | Suitable in low-conflict cases |
| Files legal documents and presents at the court | Can assist with the drawing of agreements but not the filing of the same |
| May increase cost of legal services through court intervention | It may be more faster and cheaper |
Which one do you actually need?
To find out which is the best fit, ask yourself the following questions:
- Is your divorce a friendly or litigious one? Mediation might be preferable in the cases when both parties consent to most of the questions. When there are disputes, or when one of the spouses is not cooperative, a lawyer will be required.
- Do you feel free and easy to talk to your husband or wife? Otherwise, a lawyer will be able to behave in defense of your interests.
- Do they have complex properties, children or litigation matters? A lawyer is able to swim through these complexities and make sure you get your rights defended.
- Do you want to save on money and prevent court? An alternative and less costly and more confidential one will be mediation.
Final Thoughts
You may opt to hire a divorce lawyer or to hire a mediator, depending on the case of your divorce. A divorce lawyer is the right person to work with in case of legal trouble or disagreement. In case you are in fairly good relations and do not want to go to court then with the assistance of a mediator you can achieve a peaceful settlement. At times you may even use them both. The end result does not matter which way you take; the direction is that you move forward with clarity and confidence and a fair result.