What is the Role of a Mediator?

Many issues are resolved through mediation. Mediation is often used to resolve conflicts in the areas of labor and international affairs, but it can also be used for family law matters as well.

Many people use mediation to resolve divorce issues, such as asset division, child custody, alimony, and more. Mediation involves using a neutral third party — the mediator — to guide parties through the process and help arrive at a resolution that everyone can agree with.

But how does a mediator accomplish all this without giving legal advice? Here’s a closer look at the role of a mediator.

Facilitating Trust

A mediator serves as an unbiased third party, ensuring that both spouses have an equal opportunity to express their concerns. They do not take sides, offer legal advice, or make decisions. Instead, they guide the discussion to keep it productive, keeping emotions out of the negotiations. Mediators help build trust, making it easier for both parties to work toward a fair resolution.

Identifying Issues

Divorce involves various complex issues, and a mediator helps the couple identify and prioritize key topics that need resolution. Common topics include:

• Child custody and visitation: Who will have primary custody? How will visitation schedules be arranged?
• Child support: How will financial responsibilities for children be divided?
• Asset and debt division: How will property and debts be split fairly?
• Spousal support: Will one spouse require financial support? If so, how much and for how long?
• Future communication and conflict resolution: How will both parties manage co-parenting or financial arrangements after divorce?

Encouraging Communication

Divorce can be emotionally charged, making productive discussions difficult. A mediator can encourage communication by doing the following:

• Encouraging active listening, ensuring both spouses feel heard
• Using de-escalation techniques to prevent arguments from spiraling
• Helping spouses focus on solutions rather than blame
• Frame discussions in a way that promotes cooperation, especially in cases involving children

Clarifying Legal and Financial Matters

While a mediator does not provide legal advice, they can do the following:

• Explain the legal process and what is typically expected in divorce settlements
• Help interpret financial documents, such as tax returns, retirement accounts, and property appraisals
• Discuss possible legal implications, helping spouses understand the long-term effects of their decisions

Drafting Agreements

Once the couple reaches an agreement, the mediator summarizes the terms in a written document, often called a Memorandum of Understanding (MOU) or a Settlement Agreement. This document includes:

• The division of assets, debts, and property
• Custody and parenting schedules
• Child support and/or alimony terms

Turn to Mediation Lawyer in Murfreesboro, TN

Mediation is a useful way to resolve a variety of issues, including those involving divorce. See how a mediator can help you resolve your issues without the need for litigation.

Our Tennessee divorce lawyer David L. Scott can provide you with many services to make your divorce go as smoothly as possible. Schedule a consultation today to get started.