Frequently Asked Questions about Divorce Mediation

• Won't an attorney make a better mediator?

   

  Not necessarily.  First, an attorney who is a mediator cannot give advice to either party.  An attorney who does will end up being perceived as favoring one party and might well have an issue with Bar Association ethics. 

   

  Second, an attorney is trained in and practices being an advocate for one party.  A mediator is trained in and practices being a facilitator to bring the parties to a resolution.  They are different skills and often incompatible.  Some attorneys have mastered both skills, but this is not automatic. 

   

  Third, mediation of a divorce involves skills beyond just knowledge of the law.  Divorce mediation will involve items such as equitable distribution, child support and alimony, which are number intensive.  A mediator also deals with the emotions of the parties and other real-world issues.

   

  Participants in a mediation should have representation by an attorney (other than the mediator).  A mediator should be chosen based on their mediation skills and experience as a mediator.

   

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