What if I Don’t Trust My Divorce Mediator?

A divorce mediator may play a critical role as your marriage comes to an end. But what if you don’t feel like you can trust this individual? What if you start to suspect that your mediator isn’t as neutral as they seem – and you’re getting the short end of the stick? This is an issue you may want to discuss with your divorce lawyer in Atlanta, and there are various potential solutions.

Bias During Mediation 

Bias is a tricky issue for many mediators. Often, this bias is unconscious – and mediators may have no idea it exists. For example, a spouse might strongly remind a mediator of someone who wronged them in the past. Even though they are trained to remain neutral, they may treat one spouse unfairly because of these subconscious influences.

Conflicts of Interest Are Not Unheard Of 

It may be necessary to check for conflicts of interest if you’re not sure about your mediator. A conflict of interest can occur when something outside of the negotiation causes the mediator to favor one spouse. There are also ethical rules that govern when a mediator is able to mediate your case. The issue is that many mediators are also lawyers – and they may have various connections in their local community. Sometimes, these connections are subtle. For example, it might seem as if the mediator has never worked with a spouse before. However, they may have connections with the spouse’s corporation (a separate legal entity).

What to Do if You Suspect Unfairness in Your Mediation 

If you have concerns about the mediation process, consider bringing up the issue with your family law attorney prior to mediation. If you do not yet have your own family lawyer, you can talk about your challenges during a quick, no-obligation consultation. From there, you can decide whether you’d like to take any further steps.

Remember, mediation is a voluntary process – and you can always step away. This might be the best option. There are other processes to consider, which a family law attorney can discuss with you.

Of course, negotiations may be completely impossible in certain situations. If this is the case, you will have no choice but to pursue a trial. While litigation is not the end of the world, it is generally more expensive and time-consuming than mediation. This is why it might be a good idea to consider your full range of options before walking away from the negotiation table.

Can a Georgia Divorce Lawyer Help During Mediation? 

If you are losing trust in your mediator, you might need help from a divorce lawyer in Atlanta. These legal professionals may be able to salvage your mediation. The risk in attending mediation without an attorney is that spouses often lack an advocate who can “fight in their corner,” so to speak. Reach out to Kaye, Lembeck, Hitt & French to discuss your legal options in more detail.

Sources: 

forbes.com/sites/shenegotiates/2012/01/25/what-if-your-divorce-mediator-doesnt-know-bupkes/

sincemydivorce.com/mediators-can-be-biased/