Whether you’re just beginning to consider your options for divorce or you and your spouse have decided it’s time to part ways, what comes next can be overwhelming legally and emotionally. Between dividing up your assets, property, and debts, and creating arrangements for custody and child support, it’s easy to get swept up in your emotions and can be difficult to see a clear path out. One of the biggest decisions you’ll have to make is what type of divorce method you’re going to pursue, which in turn affects what kind of professional you’ll be working with.
Mediation is a confidential, informal process where a neutral third-party (a mediator) helps the disputing parties reach an agreement in their divorce dispute. In a traditional divorce, also known as contested divorce, a couple cannot come to an agreement, and court involvement, as well as the assistance of a divorce lawyer, is necessary.
It’s important to note that there is no “best way” to divorce – there’s only what’s best for you. This blog aims to shed light on the similarities and differences of a divorce mediator and a divorce lawyer to provide clarity on which route to divorce might best suit your unique situation. It will also address the cost of working with both types of professionals.
Roles and Responsibilities
Divorce Mediator
A mediator is a mutually agreed upon, certified, unbiased third-party who helps you focus on reaching a fair outcome, not battling it out with your spouse. While a divorce attorney can be a mediator, a mediator is not and cannot be an attorney. (This is an important distinction!) Their job isn’t to impose settlements or to provide you with legal advice (and they legally cannot do so); they are simply there to guide discussions so that you and your spouse can make decisions together.
Many people can confuse the role of a mediator with that of an arbitrator, but the key difference is that a mediator’s ultimate goal is to help you reach an amicable settlement, while an arbitrator listens to both sides and makes a binding decision, similar to a judge. Mediation is not legally binding.
While working with a mediator can be a less contentious, less expensive, and quicker method of divorce, it isn’t suitable for every couple, particularly if your spouse has a history of domestic violence or substance abuse. It’s also possible that your spouse may not want a divorce and is therefore making the prospect of getting one as difficult as possible.
If any of these circumstances describe your situation, a contested divorce is likely the best route to protect yourself and your interests.
Divorce Lawyer
A divorce lawyer’s role is much different from that of a mediator. Unlike a mediator who works with both spouses, a divorce attorney is loyal to their client alone. Their job is to protect your rights and your interests in the divorce case in order to reach the best possible outcome on your behalf. Sometimes that’s through the process of negotiation or litigation. Their knowledge and guidance can be what makes the difference in your case.
In addition to that, they can:
- Represent you in court
- Handle legal documentation and court procedures
- Fight for your rights
- And more!
Cost of a Divorce Mediator vs. a Divorce Lawyer
As previously mentioned, mediation is often a more cost-efficient process compared to traditional divorce and can sometimes be resolved within one session. Naturally, you might think the cost of a mediator is typically less than that of a divorce lawyer, but it really depends on the complexity of your case. In Alabama, a divorce mediator can cost anywhere from $150 to $350 an hour. The average divorce lawyer in Alabama charges around $260 an hour, though some operate on flat fees.
The total cost will depend on the amount of time spent resolving your case, so it’s possible that an attorney might end up being cheaper, or vice versa. It’s important to do your research and choose wisely who will mediate for you or represent you.
Mediation Process
1. Initial Consultation and Choosing a Mediator
The first step is an initial consultation where you learn about the process and decide if you want to proceed with that mediator. Who you choose as a mediator is up to you.
2. Sessions with the Mediator to Discuss Issues
Participate in sessions where the mediator facilitates discussions on matters such as asset division, child custody, and support arrangements.
3. Drafting and Signing a Mediation Agreement
Once you and your spouse have reached an agreement, the mediator drafts a mediation agreement which both parties review and sign.
Legal Process with a Divorce Lawyer
1. Initial Consultation and Case Assessment
Meet with the divorce lawyer to discuss your situation. They will evaluate your circumstances and help you understand your legal rights and options.
2. Filing for Divorce and Legal Documentation
The lawyer prepares and files all necessary legal documents to initiate the divorce process.
3. Negotiations or Court Hearings
The divorce lawyer then engages in negotiations with your spouse’s legal representation or represents you in court for any disputes that arise.
4. Finalizing the Divorce Decree
Once all issues are resolved, the divorce decree is finalized and signed by the judge, officially ending your marriage.
How Word Family Law Group Can Help You
If you and your spouse have decided that it’s time to end your marriage, Word Family Law Group is here to help you through the journey ahead. We understand how personal and sensitive divorce can be, and we’re passionate about helping to lighten the load that the legal process can place on your life. Our divorce lawyer, Christopher P. Word has over 15 years of experience helping couples through divorce and mediation in Alabama. He will take the time to get to know you and understand your unique situation so that we can create a tailored strategy to help you reach your ideal outcome.
While this isn’t an easy transition no matter which route you choose, a better life is waiting for you on the other side. We can help you get there. Call Word Family Law Group today to request a consultation and learn about your next steps.
