Essential Qualities of a Good Divorce Mediator

17 January 2022
 Categories: Law, Blog

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Divorce mediation is becoming an increasingly popular alternative for divorcing couples. It has several benefits like being cheaper than the court process, greater control over the results, and quicker resolution. However, couples have to find the right divorce mediator to enjoy these benefits. Divorce mediators are individuals tasked with guiding spouses through the divorce process harmoniously and finding a middle ground. Here are some of the qualities of a competent divorce mediator:

Understands Familial and Parenting Dynamics

Custodial agreements entail one of the toughest conflict areas in most divorce negotiations. A skilled divorce mediator should recognize the intricacies of family dynamics and how a divorce can disrupt children's upbringing. Thus, they should guide the divorcing parties towards an understanding that respects each other's parenting styles. They should also propose custody arrangements that provide the children with a healthy growing environment and minimize disruptions. 

Maintains Neutrality

Court proceedings are often adversarial, and the lawyer fights only for their client's needs. Conversely, a divorce mediator is the only external party in the proceedings. Thus, they are expected to be impartial in their guidance. It involves hearing and acknowledging each party's grievances. Divorce mediators should also defend all parties' rights and interests. This ensures the final settlement agreement is acceptable to the couple and beyond reproach.  

Conversant in Financial Matters

The division of assets is another matter that could potentially stall the finalization of a divorce. A divorce mediator should be acquainted with the multifaceted nature of financial investments. The knowledge should include but not be limited to the appraisal of real estate and businesses, stock portfolios, and trusts. Advanced knowledge of financial investments helps mediators oversee the distribution of matrimonial property fairly based on the spouses' preferences, state statutes, or prenuptial agreements.  

Considerate and Reasonable

A good divorce mediator must also be concerned with the spouses' well-being during and after mediation. They should not hold any biases or prejudices against one of the spouses as it could jeopardize their guidance. Moreover, they should identify any power imbalances in the marriage that might undermine the inferior spouse's rights. Thus, a divorce mediator's primary role is to guide spouses to reach a reasonable settlement even if they have to compromise their initial conditions.

 A Full-Time Practitioner

A divorce mediator should be primarily involved in mediation work. It means they are mainly concerned with mediating and helping achieve a mutual understanding as quickly as possible. They may have an education background in law or other relevant courses. Such training allows them to be non-confrontational and sympathetic to a couple's plight. Moreover, it guarantees that they understand the law's provision ensuring the mediation process does not result in unnecessary liabilities.

If you are in need of a divorce mediator, be sure to contact a local firm for more information.