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Orlando Criminal Attorney > Blog > Family > What Kind of Mediator is Right for You?

What Kind of Mediator is Right for You?


Mediation holds many benefits for couples going through a divorce. During mediation, both parties meet with a mediator who is a neutral third party. The job of the mediator is to facilitate conversation and compromise so the couple can reach an agreement without the need to enter litigation. Therefore, mediation often allows couples to avoid long and contentious courtroom battles. Not all mediators are created equally though, so it is important to consider what type of mediator is right for you and your case.

Active vs. Passive Mediators

The two types of mediators are ones that are passive and ones that are active. As the name suggests, active mediators are more involved during the mediation process. They take very specific steps to help a couple facilitate a final agreement and will use an evaluative approach to offer suggestions based on their observations of the positions of the opposing parties.

A passive mediator is not as active during the process. While passive mediators will answer the questions the parties have, they generally leave the majority of the work in reaching a settlement during mediation to the couple involved. Trial lawyers typically prefer more active mediators but truthfully, most mediators fall somewhere in between the two different types. Most mediators will become more involved when necessary and allow the couple to discuss things among themselves when appropriate.

Your Right to Self-Determination

During mediation, you have the right to self-determination. This means that you have the right to control the ultimate outcome of mediation. Having control over the outcome is one of the biggest benefits of mediation, so it is important that you never allow a mediator to make decisions for you. A mediator is only there to guide you through the process and foster compromise so you can reach a settlement as quickly as possible. Before working with any mediator, it is critical that you know their role and what they can and cannot do for you.

Finding the Right Mediator for Your Case

Many people that have never been through the process before do not know how to even start choosing a mediator, let alone the one that is right for their case. Fortunately, when you work with a divorce lawyer, they will know your style and what you expect out of your mediator. They will then speak with different mediators before the couple enters mediation to determine if one is particularly right for their case. This creates a more productive environment for the couple and they can then begin the mediation process.

Our Experienced Family Lawyers in Florida Can Guide You Through Mediation

Choosing mediation for your divorce has many benefits, but you still should not go through the process alone. At O’Mara Law Group, our experienced Orlando family lawyers can help you navigate the process, let you know what you can expect, and help you obtain the fairest settlement possible. Call us today at (407) 634-6604 or fill out our online form to schedule a consultation and to obtain the legal help you need.

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