Divorce Lawyer vs Divorce Mediator

Divorce Lawyer | June 26, 2018

Knowing the differences between a divorce lawyer and a divorce mediator can help you make an informed decision about who you should hire to help with your divorce proceedings. At Linley Welwood, we understand that going through a divorce can be an extremely stressful time. That is why our lawyers are trained and equipped to handle family law cases in the most efficient and comfortable way possible.

Are mediation agreements legally binding?

What Does a Divorce Lawyer Do?

A divorce lawyer will represent you throughout the divorce proceedings, while also acting as your advisor, ally, and negotiator. Hiring a divorce lawyer will provide you with insights into specific aspects of the law, while also allowing them to argue on your behalf during settlement negotiations and, if necessary, in court. Since a divorce lawyer can only represent one party in the divorce, your lawyer will be able to work hard to get you the most favourable outcome in the settlement.

What Does a Divorce Mediator Do?

A divorce mediator is a neutral third-party who will help you and your spouse communicate with each other in order to reach an amicable resolution. Since a divorce mediator’s role is to help both parties identify, negotiate, and come to a mutually acceptable agreement, the mediator will not offer any legal advice or favour one of the parties over the other. In all cases that involve a divorce mediator, the spouses have full control over the decisions being made.

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When Should You Get a Divorce Lawyer Instead of a Mediator?

If you are unsure about whether you should hire a divorce lawyer or a divorce mediator, here are some of the main reasons to hire a lawyer to handle your divorce:

1. When Your Spouse is Incapacitated

If, for some reason, your spouse is unable to make sound decisions due to drugs or a neurological condition, hiring a divorce lawyer will be the best option for you. Since mediation is all about being able to make decisions that are in the best interests of everyone, your spouse would have to be of sound mind to go through the mediation process.

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2. In Cases Involving Domestic Violence

In cases that involve a significant power imbalance where one spouse is afraid to express their true needs, divorce mediation will not be possible. Hiring a divorce lawyer to handle this case means that there will have to be little interaction between spouses and that the lawyer will be able to fight for their client’s best interests without fear of retribution.

3. When Your Spouse is Unwilling to Mediate

Since mediation is a voluntary process, both you and your spouse will have to be willing to give it a try. If your spouse refuses to cooperate, hiring a divorce lawyer will be the best option for getting you through the divorce proceedings.

If you would like to learn more about the differences between a divorce lawyer and a divorce mediator, or if you are interested in one of our legal services for car accidents, business law, family law, real estate, serious injuries, and wills, estates, and trusts, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.

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