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What you should (and should not) expect from a mediator

Divorce is hard enough without the added complexity and contention of going to court. As such, many people resolve some or all divorce-related matters in mediation. If you choose to do this, or if the courts have ordered you do this, then it can be helpful to know what to expect.

One particularly important element of mediation that you should understand is what the mediator does, or in some cases, doesn't do. In this post, we will explain the role of the mediator in resolving family legal matters as well as what a mediator cannot or will not do.

What California mediators do

Mediators are educated, trained professionals who are familiar with the family court system. In fact, many mediators are also attorneys. Mediators might also have experience in specific areas like counseling or conflict resolution.

Mediators act as neutral parties to help divorcing spouses reach agreements on their own without having to go to court. They facilitate communication, keep discussions balanced and help people identify solutions.

What California mediators do not do

In the context of mediating a divorce, a mediator is not a judge. He or she will not make a ruling or force you to agree to anything.

A mediator is not going to take sides or help a person work through difficult issues, like a therapist might.

While a mediator might explain legal procedures or offer common solutions, he or she will not advise parties on what they should do, like an attorney would. 

The importance of having an attorney

Mediators are neutral parties focused on helping people find solutions. They are not going to fight on your behalf or challenge an agreement that is not in your best interests. And if the case moves to court, mediators do not move with you. 

For all these reasons, it can be crucial that you work with an attorney, whether you are going through mediation or litigation to resolve divorce-related matters.

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Evans Family Law
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STE 200
Long Beach, CA 90804-3399

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