A Divorce Mediation Lawyer’s Role in Divorce Cases (2025)

What Is Divorce Mediation?

Divorces tend to involve four primary issues:

• Child custody, including the child’s living arrangements and parenting plan
• Child support for the child’s financial needs
• Property division, namely dividing the couple's assets and debts
• Alimony, where one spouse contributes financial support to the other

Divorce mediation can lead to agreement on some or all of these matters. For example, the couple may largely agree on a child’s living arrangements. The court can save its time, and the parties can save the expense of litigating that matter once the spouses agree on custody terms.

After filing for divorce, couples can reach divorce mediation in a few ways after filing the divorce papers:

Mandatory Mediation

Some states require the parties in a dispute to undergo mandatory mediation. For example, Alabama requires mediation in most cases, including for many divorces. When mediation is mandatory, the court usually provides the service without charge or for a minimal fee.

Court-Ordered Mediation

Some states give judges the power to order a case to a mediator. Judges often use this tool when they recognize that the parties have areas of potential agreement. Judges in Colorado, for example, can force parties into court-ordered mediation.

Voluntary Mediation

Some states leave it up to the parties to seek mediation. In other words, the court process is kept separate from any mediation the parties choose to conduct. Massachusetts, for instance, makes divorce mediation entirely voluntary.

Some states, like Indiana, encourage mediation even if they do not require it. These states may maintain a fund to reduce the cost of voluntary divorce mediation.

What Does a Divorce Mediation Lawyer Do?

Divorce mediation lawyers have experience negotiating settlements. A mediation is not the same as an adversarial proceeding like an arbitration or trial. Instead, it is an opportunity to work with a neutral mediator to partially or fully settle the case.

In a typical mediation, the parties are separated. The mediator meets with each party and discusses their positions on the issues. Your divorce mediation attorney can explain your position at length. This discussion can help the mediator identify the issues important to you, as well as those where you may be willing to compromise.

The mediator then shuttles between the parties, explaining where the other party stands and their reasons. The goal of the mediator is to guide the parties into compromising. While an arbitrator or judge might choose sides, the mediator tries to help the parties moderate their positions so that they can settle their case.

How a Lawyer Protects Your Interests During Mediation

Your lawyer has three main roles in the mediation process. First, the lawyer communicates with the mediator. They gently advocate for your position, but their most important role is to make your position clear.

Second, the lawyer counsels you between sessions to explain the costs and benefits of compromising on any particular issue. The lawyer can also suggest creative solutions that address your concerns while also settling the matter.

Third, the lawyer is your lead negotiator. They can lay out positions that protect your interests, including your interest in avoiding a costly and time-consuming trial by settling the divorce case.

Finding a Divorce Mediation Lawyer

Keep in mind that your divorce attorney can also represent you during any mediation in your case. You typically won’t need to find different lawyers to file your divorce and mediate your case. Thus, you should look for a lawyer who is skilled in both litigation and mediation if you live in a state where mediation is likely.

Gather Potential Choices

The first step to finding a divorce mediation lawyer is to gather names. You can search online for a “divorce mediation lawyer near me.” You can also ask family members and friends for recommendations. Referrals are often more valuable than online searches because a former or current client can explain how the lawyer performed during a mediation.

Schedule Consultations

Once you identify a list of names, you should schedule initial consultations with each divorce mediation law firm. Unlike personal injury law firms, family law firms may or may not offer free consultations. During the consultation, you should ask questions that will help you make a hiring decision, such as:

• How much do you charge?
• Do you see any potential problems with my divorce?
• What experience do you have in cases like mine?
• What do you expect the outcome of my case to be?
• How often will I receive updates on my case?

The lawyer you choose may not necessarily be the one that does the most advertising or has the largest office. More importantly, you should select a lawyer who communicates effectively.

Additionally, bear in mind that your divorce could take several months or longer, so you want a lawyer you can develop a strong working relationship with.

Contact ConsumerShield to Learn More About Divorce Mediation

Divorce mediation is a powerful tool for avoiding an expensive trial and the time that it can consume. ConsumerShield educates spouses facing divorce about their rights and refers them to qualified lawyers for representation. Contact us for a free case review today.