Divorce Mediators Are The Neutral Facilitators Of Settlements

By Gerald A. Maggio, Esq.

Divorce Mediators Orange County; California Divorce MediatorsMediation in general and divorce mediation in particular are not one way procedures that have their techniques defined and laid out in particular patterns. The style of mediation and the direction that your divorce mediation will take depends largely on the course of action that is adopted by the particular mediator.

There are many types that can be adopted, a facilitative approach, a transformational approach, and an evaluative approach. The core of mediation is not rigid; there is vast variety on how mediators use these techniques to make divorce easier for their clients. It is largely down to these distinctions that mediation can be laid down as an art more than a science.

The Importance of The Mediator

In areas of divorce mediation, the importance of the mediator is obvious, who helps guide the process with his or her knowledge of the law, personality traits, and ability to communicate. A mediator can interject their legal opinion, but should not automatically do so unless requested by the parties.  A mediator is not a judge so they should not proceed as one.  Rather, they are there to help the parties bridge the differences in their positions without imposing their own “decision.”

Primary Role is to Inform and Not Advise

Divorce mediators are not allowed to give legal advice per se because of their role as neutral facilitators and not advocates for either party.  However, they can inform the parties about the legal aspects.  To inform is to objectively identify some elements of law that have not been or need to be fulfilled in order to make the divorce mediation as success.

During divorce mediation, couples will discuss a range of issues.  During such discussions, a mediator’s job is not to interfere or control the discussion unless there is an impasse.  They will only look to make sure that the discussion goes on smoothly and heads in the right direction, i.e. resolution.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”