Can a Lawyer be a Mediator
By of Law Office & Mediation Services of Elissa C. Goldberg posted in Mediation on Wednesday, November 18, 2015.
Can a lawyer be a mediator? Because I am both, clients often ask me the difference. There are distinct and separate paths to each designation, and therefore these are two discrete types of services my office offers.
When a client hires me as their lawyer, my legal and ethical role is to protect and promote their interests above any other. A minimum of two persons must hire me as a mediator, and I work for both equally, as a neutral facilitator of their own conversation.
In my attorney role, I guide a client to the best legal outcome for their interests. As mediator, I’m allowed to take a broader view and provide feedback that may be of benefit to both spouses. This is not legal advice, and yet it is absolutely tempered by more than two decades of family law practice rolling around in my brain. Knowing that the parties are headed toward a property settlement or custody arrangement of some sort, I take meticulous notes, and experience teaches me that the right question asked at the right time in the dialogue can save hours of negotiating – and legal fees – down the road.
This is the key as to how mediation saves a divorcing couple money. If hired as a mediator, I am ethically not allowed to act as attorney for either party. But each spouse can take my notes to their attorney, who can, with minimal labor and cost, convert it into an enforceable, legal document that becomes part of the divorce decree. Instead of racking up legal charges by negotiating through two lawyers, the clients negotiate between themselves. This easily cuts their legal costs in half, if not more.
There are differences in training for the two roles as well. A lawyer travels a well-defined route to obtain the right to practice law. An individual must have a law degree; pass the state bar exam; and take continuing education classes annually. Each step is thoroughly defined, overseen and regulated by the state, as is any disciplinary action required.
I became a lawyer in 1997, with a degree in jurisprudence from Temple University.
There are many types of mediator, and no single agency bestows the title or regulates how it is earned. For instance, there are trained government mediators who deal with union disputes and other industry conflicts. Social workers, counselors and psychologists may specialize in the transformative power of emotional dialogue between two parties.
I became a mediator in 2000, when I realized I wanted to offer more ways for divorcing couples to find resolution, particularly when family and children are involved. My legal background brings a distinct focus to my role as mediator for divorcing couples.
While my legal work informs my mediation business, the opposite is also true. The broader brush a mediator can use helps me put the full emotional and family life of couples back into the legal process of divorce. Occasionally, I’m surprised when the transformative miracle of two people talking out their differences produces an unintended result, such as a couple deciding to stay together rather than divorce. Mostly, I see mediation as a balance to the legal rigors of divorce – and a cost saver for clients.