Top 5 Factors To Consider When Finding a Family Mediator
In the list of most stressful life events, divorce comes second only to the death of a spouse or child. If nothing is done to prevent it, the constant fighting, arguing, getting cheated, and blaming in marriage generally leads to more of the same during the dissolution. Unfortunately, the consequences of continuing this sort of behavior can cause an even more dramatic divorce, involving extended litigation, significant damage, or destroying the parties’ children’s emotional well-being. That is why it is so important to find the right mediator when mediating your divorce. As rigorously trained attorney/mediators in family law mediation in Orange County, we want to point out factors to consider when choosing a family mediator will help you explore the possible solutions for promoting reconciliation, understanding, and settlement.
#1 WORK WITH A MEDIATOR WHO IS AN ATTORNEY
Unlike the practice of law, the practice of mediation is largely unregulated by legislators. There is no universal qualification and there are no special licenses. This makes it difficult to determine a mediator’s qualifications.
A key qualification for a mediator is that they understand the law. While mediation takes place outside the court, the parties’ bargaining power is at least partially dictated by what the law says about their case. That is why it is critical for a mediator to understand the law. A good way to determine whether a mediator has an understanding of the law is to see if they have practiced as an attorney. When you hire a mediator who has experience practicing as an attorney, you will benefit from their understanding of the substance and practice of law.
#2 WORK WITH A MEDIATOR WHO HAS OBTAINED PROPER MEDIATION TRAINING
Because the practice of mediation is unregulated by legislators, some mediators mediate without proper training. A properly trained mediator will know have the proper skills to help you and your spouse reach an agreement.
Look for mediators who have obtained training through a court-endorsed program or at an accredited school.
There are plenty of accredited universities and colleges that offer great mediation training. And courts often use alternative dispute resolution programs such as mandatory mediation programs to lighten its caseload. Some of these programs offer training for mediators that qualify them to mediate for court cases. The court’s stamp of approval for the mediator should provide assurance that a mediator has obtained proper training.
#3 WORK WITH A MEDIATOR WHO HAS GOOD COMMUNICATION SKILLS
The most important element of mediation is understanding how to communicate with the parties and helping the parties communicate with each other. Make sure to have an initial consultation with your prospective mediator, ideally together with your spouse, to make sure you feel heard and the mediator is able to effectively direct conversation. This should give you a good sense of whether the mediator is a good communicator.
You may also want to work with someone who has at least a basic knowledge of basic social psychology. Such knowledge can really help the mediator be a good conduit for communication between the parties.
#4 WORK WITH A MEDIATOR WHO CHARGES A FLAT FEE
A flat fee arrangement provides clients peace of mind when mediating their divorce. It’s also nice to have to pay just one legal professional rather than two. Most importantly, however, a flat fee arrangement incentivizes the mediator to settle the divorce quickly and efficiently. Normally, attorneys bill clients hourly, which can incentivize the dispute to keep going.
#5 WORK WITH A MEDIATOR WHO DOES NOT LITIGATE
Litigation almost always costs more than mediation in divorce. That is because in litigation, two attorneys are hired, not one, and because litigation ends up taking a lot longer than mediation and clients are billed for that time. If a lawyer provides litigation and mediation services, that lawyer may be incentivized to push for litigation. When you choose a divorce mediator that only mediates, you can rest assured knowing you are working with a mediator that is not going to unnecessarily encourage litigation.
Mediation is overall a less stressful, affordable, and efficient option for divorce. Be sure you are working with an effective family law mediator by remembering the above 5 factors when looking for family law mediation in Orange County.
Cordial Family Lawyers, LLP exclusively practices family law mediation in Orange County and provides divorce document processing services. Our attorney/mediators have obtained rigorous mediation training through court-approved programs, have practiced law as attorneys at world-renowned institutions, and charge only flat fees for mediation. Contact us at info@cordiallaw.com or (949) 705-4391 for a free consultation and more information.