It isn’t well known, but to be a mediator, you do not actually have to be a licensed attorney. In fact, you don’t have to have any license at all to be a mediator. Now there are certainly some wonderful mediators out there who aren’t licensed attorneys and I do think that for co-parenting mediation, some of the best mediators are therapists. But if you’re looking for the best divorce mediation in San Diego, then you’re going to want to work with a licensed attorney. As the founder of West Coast Family Mediation, I am a licensed attorney, in addition to being a Certified Divorce Financial Analyst (CDFA®) and having a Masters in Dispute Resolution. The mediators who work with me are also licensed attorneys or are supervised by a licensed attorney through the whole process. Here are the benefits of working with a divorce mediator who is a licensed attorney.
Legal Expertise
A mediator who is a licensed attorney has a deep understanding of family law and can help explain complex legal issues. While the mediator remains neutral and cannot provide legal advice, they can provide legal information that can help both parties understand their rights and obligations to make informed decisions. If your mediator did not go to law school, they probably don’t have as deep of an understanding of family law and court. Although in mediation, you are not tied exactly to what the law says, you will want to understand what complex legal issues may arise and how the law may deal with them.
Drafting Legal Documents
For the best divorce mediation San Diego, you’re going to want to work with a mediator who can also draft legal documents, and having a mediator who is a licensed attorney means they’re well versed in drafting clear and legally binding settlement agreements. They’re going to make sure that the terms are articulated in a way that will hold up in court so that you can minimize future disputes over ambiguities. Also, they will make sure that the court will accept your settlement agreement for filing.
Avoid Court Pitfalls
When your mediator is a licensed attorney, their legal background means that they understand potential issues that could arise if a case were to go to court in a way that a non-licensed attorney may not. Your mediator can help you consider your BATNA (Best Alternative to a Negotiated Agreement) and your WATNA (Worst Alternative to a Negotiated Agreement) if you go to court, so you know your alternatives. They are also well versed in crafting settlement agreements that are going to minimize the chances of future litigation, not increase it. This will reduce both stress and cost for both parties.
Efficiency in Navigating Legal Procedures
When you hire a mediator to take care of your case for you, you want to make sure that they do everything correctly, which can streamline the legal process for you and help you navigate the procedural requirements of divorce. The divorce paperwork is complicated, and there are many necessary legal documents to prepare and file. The best divorce mediation San Diego will ensure that all the documents are prepared correctly, saving you time and preventing errors. If your mediator is not a licensed attorney, they may not know all the intricacies of the court forms and what the court allows. The last thing you want is to have to redo something because your mediator didn’t do it correctly.
Focus on both Self-Determination and Legality
You mediator should ensures that the agreement is what both parties want to agree to and that it respects legal standards. For instance, a mediator who is an attorney will be able to understand that neither client can waive child support and that if you are setting it at $0 for now, specific language and documentation must be included with your settlement agreement.
If you want the best divorce mediation San Diego, ensure that your mediator is a licensed attorney. Contact us by calling (858) 707-5133 or submitting a contact form today.