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What is a mediator’s role in divorce?

On Behalf of | Mar 16, 2023 | Family Law

When going through divorce, some may opt for mediation instead of traditional litigation. Within mediation, a mediator plays one of the most crucial roles.

But what exactly do mediators do? What is their job? What are the limits of their abilities?

What a mediator can do

FINRA discusses the idea of mediation. With mediation, a couple can work through their arguments in order to craft a divorce agreement that both parties find fair and tolerable.

A mediator’s goal in this situation is to facilitate reaching that agreement. They can use many tactics to help the discussion along, including their arsenal of de-escalation techniques that allow them to stop arguments from getting too heated and out of hand.

They also offer advice from a unique, third-party perspective, which provides something of great use to both members of the couple. As a mediator remains neutral throughout the divorce, they serve as a trusted and non-biased source of suggestion.

What a mediator cannot do

Mediators do not, however, have the power to force a couple into a legally binding decision. This differs from arbitrators and judges, who can and do have the power to force a couple to follow their orders.

Mediators are also not there to fix a couple’s relationship problems. They are not therapists and they are not there to attempt to mend a relationship. They are simply there to ensure the couple can agree on divorce terms.

Thus, mediation serves as a great option for couples who need a little guidance but want a good amount of freedom.