What to Look for in a Divorce Mediation Lawyer

Divorce is a complicated legal process that involves complex negotiations and, often, hurt feelings. While some people choose to fight tooth and nail for what they feel entitled to during their divorce proceedings, others prefer a more harmonious process. If you are seeking a divorce and fall into the harmonious group, initiating divorce mediation might be the best approach for you. Once you’ve made this decision, however, be advised that not all Irvine family mediation lawyers are created equal. While some divorce attorneys think that going to law school alone qualifies them to be successful divorce mediators, being successful in these proceedings actually requires a lot more. 

Bear in mind that many lawyers are trained to be combative, and a mediation lawyer should be patient and strategic when negotiating for their client. Knowing how to resolve conflicts as a third party is a crucial component of a good mediator. Wondering what other factors you should consider when selecting a divorce mediation lawyer? Read on to find out.

Determine Their Experience 

You will want to select a divorce mediation lawyer that has been practicing divorce mediation for an extended length of time. While everyone has to start somewhere, select a divorce mediation lawyer with at least five years of experience in handling the complexities of your specific case. For example, you might want to select an attorney who has mediated a high net worth divorce or a divorce with a child custody arrangement. While some mediation attorneys have plenty of experience handling civil or business disputes, finding someone who has divorce experience is key to ensuring that your agreement will stand the test of time. 

Determine Their Financial Acumen

One of the most important aspects of divorce is working out the financial arrangement between two divorcing spouses. As such, you’ll want to select Irvine family mediation lawyers who understand how quickly the financial discussions can become complicated or disintegrate when a party doesn’t have sound financial acumen. Make sure you select someone who can quickly calculate what the other party is offering so that negotiations remain fluid. It’s also critical that they’re knowledgeable in analyzing the complexities of investment-based assets, employee stock incentive awards, retirement assets, business valuations, and projected expenses and make you aware of potential tax issues that may affect your settlement agreement.

Contact Our Orange County Divorce Mediation Lawyers to Learn More

Finding the right team to manage your divorce mediation process involves finding people who align with your vision for how these proceedings should go. If your goal is to keep things friendly, finding a team of Irvine family mediation lawyers who can be patient, understanding, and shrewd will go a long way in making this experience as painless as possible. If you’re ready to get started, contact our offices today.

Frequently Asked Questions

What qualifications matter in a divorce mediator?

California does not license mediators, so the credentials are voluntary and worth checking. The substantive ones are certification as a family law specialist by the State Bar of California Board of Legal Specialization, formal mediation training and certification through a recognized body, and depth in the specific subject matter the case involves. A mediator handling a case with a closely held business or equity compensation needs genuine familiarity with valuation and income analysis, because the process turns on those questions.

What questions are worth asking before retaining a mediator?

How many cases with this financial profile they have mediated. Whether they handle the drafting of the agreement or leave it to the parties’ counsel. How they approach expert work, and whether they use a single jointly retained forensic accountant. What their fee structure is and how it is shared. What happens to the engagement if the mediation does not resolve the case. And how they handle a situation where one spouse holds most of the financial information, since that imbalance is what most often undermines an agreement.

Can a mediator give legal advice to either spouse?

No, and this is the most commonly misunderstood point. A mediator is a neutral and does not represent either party, so they cannot advise either spouse on what the law would likely produce for them or whether a proposal is favorable. They can and should explain the legal framework to both parties equally. The gap is filled by consulting counsel for each spouse, which is particularly valuable where retirement division, business valuation, or a tracing question is involved.

Does experience in litigation matter for a mediator?

It informs the work in a specific way. A mediator who has tried these cases can tell the parties what a contested outcome on a disputed issue realistically looks like, which is the reference point against which any settlement is measured. Without that reference, the parties are negotiating against each other’s assertions rather than against a realistic alternative. It also means the financial questions tend to be worked through in the session rather than deferred.