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What do mediators do in divorce?

On Behalf of | Mar 16, 2023 | Divorce & Legal Separation |

Many people these days opt for mediation when it comes to handling their divorce matters. This means they will interact directly with a mediator.

But what exactly does a mediator do? Understanding their goals and the limit of their abilities is crucial for cooperation and a smooth experience.

What mediators can and cannot do

FINRA takes a look at the duties of a mediator. First and foremost, it is important to note that mediators do not hold the same amount of power as a judge or even an arbitrator. When going through other means of divorce, a couple will often have to submit their evidence and arguments and then abide by whatever verdict gets handed down. Mediators cannot do this.

Instead, mediators will listen to both parties present their goals and will work with them to reach a reasonable divorce agreement that both parties consent to. They cannot force either party to comply, so the power largely remains in the hands of the couple.

The skills of a mediator

Mediators do have several notable skills. This includes providing unique, third-party perspective opinions that are neutral and devoid of bias toward either side.

On top of that, they have training in de-escalation techniques. This means if a couple’s arguments begin spiraling out of control, the mediator can step in and guide the conversation back to a more controlled and respectable place.

Of course, mediation does not work for everyone or suit every couple perfectly. But it is a viable option for many, and a good one to consider.

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