What duties do divorce mediators have?

On Behalf of | Dec 21, 2022 | Divorce |

When going through divorce, even couples splitting amicably can benefit from a little bit of outside help.

This is where divorce mediators come in handy. But what exactly do they do, and what duties must they uphold?

Moderate discussions

In Forbes’ list of ways to have a more peaceful divorce, they mention the use of a mediator. Mediators are not a cure-all for divorce, nor are they here to convince a couple to stick together in spite of their choice to get a divorce.

Simply put, a mediator serves as a neutral third party that the couple can use as a soundboard while working through the divorce terms. They can check with the mediator to make sure things seem fair.

The mediator may sometimes moderate discussions. For example, if one party takes up too much space and the other party cannot get a word in edgewise, the mediator may step in to ensure the other party also has a chance to speak.

Mitigate disputes

Mediators also have a degree of training in dispute management and de-escalation, meaning they can step in and ensure that arguments do not get out of hand if they start budding.

What mediators cannot do

Mediators cannot make decisions for a couple, though. It is not up to them to determine the terms of the divorce. They cannot enforce decisions made, nor do they have the legal power to take action against either party for not abiding by their own terms.

They provide valuable insight and guidance, which is about the extent of their primary responsibilities.


Findlaw Network