Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Role of the mediator vs. role of attorneys in divorce mediation

Our readers may know from previous posts here that divorce mediation may be a useful tool for many couples who are going through a divorce. There are many decisions that need to be made about their children, finances and other issues. Since, in most divorce cases, things are not going smoothly for the couple to begin with, addressing these issues can be difficult. But, a mediator may be able to help a couple reach agreements even in very contentious situations.

The role of the mediator is to be a neutral third-party who assists the couple in reaching agreements. The mediator does not make decisions for the couple, but instead tries to help each side see each other's points and to help them create solutions tailored to their specific situation. This is much different than the role of the attorney, who is representing what the client wants and is not necessarily trying to reach a compromise.

However, a person can utilize both a mediator and an attorney in a divorce and having both perspectives can be useful. The attorneys can help their clients understand the law and the strength of their positions, as well as help ease anxiety and concerns about the process of divorce. The mediator can then help the couple reach agreements after each understand their legal options.

Many people go through a divorce each year in New York and many decisions need to be made during these legal proceedings. People may find divorce mediation to be useful and a cost-effective way to reach resolutions. Understanding the law and the process is also important and consulting with an experienced attorney may be beneficial.

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