Divorce mediation can take many different routes depending on your mediator. If you're wondering what your mediator might be like, chances are he or she might fit in one of these three categories.
If you want somebody to provide you with a hands-on guidance on the technical (usually legal or economic) aspects of your divorce, then you need an evaluative mediator. Such a mediator uses his or her professional knowledge to help you attain you divorce without spending time or money in court. For example, he or she may advise you on how to divide your assets to enjoy the highest tax advantage.
Such a mediator may not help you much in terms of your feelings, emotions or similar concerns. For example, your feelings of emotional attachment to your marital home may not matter much during an evaluation mediation process. As you can see, such a mediator comes in handy when you have a laid the groundwork for your concerns and defined your goals. In such a case, all that remains is the technical (often legal) advice on how to attain them.
The facilitative mediator helps you to get the best possible outcome for your situation. He or she will encourage you to voice your concerns and wants so that he or she can help you to attain them. As such, he or she takes into consideration your feelings and emotions.
Whereas the evaluative mediator is more concerned with the technical aspects of the process, the facilitative mediator may disregard those aspects and focus on your unique wants and needs. Note that what you want may not always be in line with what you might get if you went to court.
The third type of mediator you are likely to get is the transformative one. The transformative mediator recognizes your unique differences and understands that you may not move past your mediation agendas if one or both of you do not change. Thus, he or she may seek to "transform" either of your perspectives on the issues at hand so that you can reach a satisfactory goal.
In short, if you want to get the best possible outcome without going to court, get the evaluative mediator. If you want a mediator to help you protect your unique wants, then the facilitative approach may be best. Lastly, the transformative mediator comes in handy when you have a fundamental difference in your view of the matters at hand, and you need to resolve them before moving ahead with the divorce. Visit local law offices to find the mediator for you and your case.Share
5 February 2015
When it comes to your personal rights, how much do you really understand the law. About ten years ago, I realized that I didn't really understand my rights when I was accused of something that I knew I didn't do. I could tell that I needed to work with a lawyer who had a better understanding of what I was up against, so I contacted a local team that could help. They were really incredible to work with, and I was impressed with how well they were able to fight the charges. This blog is here for anyone struggling with legal drama.