Family Lawyer vs. Mediator: Which is Right for Your Situation
In situations that require legal representation in matters concerning family such as divorce, child custody and support, or alimony, there is a great need to choose between a family lawyer and a mediator.
Each, as the professionals, bring particular styles of handling and solving conflicts with their respective strengths.
To be able to decide which one of these options will be more suitable for you, it would be useful to understand the difference between the family lawyer and a mediator and what contribution he/she can make toward the resolution of your problem.
The Role of a Family Lawyer
It is an attorney who is specialized in cases to do with family issues with a focus on family laws.
These include matters to do with divorce, child custody and visitation rights, spousal support, division of property and many others.
Family lawyers practice law by representing parties in legal matters which involve family law and protect parties’ rights and interests at law.
Key Responsibilities of a Family Lawyer:
· Legal Representation: Family lawyers also have the duty of putting forward their cases the defense; presenting evidence, interrogating witnesses and appealing to the judge on behalf of the client.
· Legal Advice: They are required to tell you legal aspects of the case, when teaching you about the law of the land, the provisions of the law that apply to your particular case, and the consequences of your particular case.
· Negotiation: There is also another practice whereby, when the family lawyers in representing their clients get into the process of bargaining over the solution to the dispute, then this is done in order to help get out of trial in the court.
· Documentation: They handle all papers related to the legal process and ensure that all paper work is well developed and in order as regards legal time lines.
When to Choose a Family Lawyer:
· Complex Cases: If your matters are complicated, if you have large stakes, or if you disagree on something, then you should approach a family lawyer.
· High Conflict: For any actions where there is communication turn-taking between subject and object, or high arousal, legal help from a lawyer will be helpful.
· Legal Protection: When you desire an aggressive and relentless criminal defense and advocacy most especially in such circumstances like the use of force in family affairs or in situations where the force taker and the force givers have power differences.
The Role of a Mediator
A mediator is someone who is not a party of the conflict and especially follows special courses on how to enhance the communication process in conflict resolution.
In contrast to the representatives of the family law, who engage in the legal proceedings as the counterparts/defenders’ attorneys, the mediator does not have any personal selfish vested interest in the outcome of the case but rather helps the counterparts/parties to find the most suitable solution that best fits their situation/needs.
From all the other forms of dispute resolution mediation is a unique kind since it is coalitional and entails full disclosure.
Key Responsibilities of a Mediator:
· Facilitation: A mediator helps people communicate effectively with each other with the goal of making the other person acknowledge their concerns and or needs fully.
· Neutrality: It remains at this third level as a mediator and respects the rights of both parties at the same level.
· Problem-Solving: Help and guide the parties to consider potential solutions and rationally debate the probable resolution that can satisfy each and every participant.
· Drafting Agreements: After the consensus is made by both parties, the mediators help in drafting of the memorandum that lists the agreements previously made while in negotiation.
When to Choose a Mediator:
Amicable Situations: Mediation is especially applicable where plaintiffs and defendants are receptive to the process; where the parties concerned have no inclination to over dramatise an event. .
Cost-Effective: Because of this mediators are cheaper than lawyers while a court trial makes mediation cheaper way of solving conflicts.
Privacy: Nevertheless for mediation is an inhibited process It is unlike the applicable courses which is public. This can be helpful for those who wish to remain opaque and unknown to their counterparts, especially when developing strategies and tactics.
Faster Resolution: Relatives have also supported it and stated that many complaints can be settled through mediation than having to include the courts process which is tiresome and time wasting.
Making the Right Choice
That is why, considering whether one should turn to a family lawyer or a mediator, it is possible to distinguish some factors that will be discussed hereinafter.
Here are some factors to consider:Here are some of these factors that can be checked:
· Nature of the Dispute: Decide whether the conflict is an official case to be solved in court or whether it falls within the category of a dispute which one can solve by spending five minutes talking to the right person.
· Level of Conflict: Consider the position and the level of conflict and also whether two parties desire to work constructively in reference to the conflict.
· Financial Resources: Think about your financial circumstances if you can bear the costs which are incurred either in hiring an attorney or opting for mediation.
· Desired Outcome: The nature of the process that you are hosting is very important whether it is legal one where people need lawyers and advocates or a negotiating process where people only need a mediator to just explain to them the process they will be following.
Conclusion
As pointed out earlier family lawyers are directly involved in the handling of disputes that contain aspects of family problems and conflict resolution , similarly mediators also have responsibilities of assisting in the resolution of such matters.
By this, one would mobilize the rational part of the factors of production in a manner that is informed by individual ability and amounts of demand required to maximize on this aspect.
Whether the client will employ a lawyer or a mediator the goal in this sense is to provide solutions that would guarantee the rights of the client while at the same time taking care of the interests of the parties involved and affected within the process.
