Consulting Experts during Divorce Mediation
Posted by cadivorceblawg on July 7, 2009
In divorce mediation, the mediator’s role is to guide you through the divorce mediation process, help you communicate with each other, and provide objective information to help you make informed decisions and reach an agreement.
In some situations, consulting a professional is necessary to help couples overcome their complex issues. That does not mean that divorce court is the only option left. On the contrary, inviting experts into the mediation is often a beneficial decision.
Experts in Family Court
When you need expert advice or testimony in family court, each of you will hire your own expert. He or she will work with your attorney to arrive at a position that is most favorable to you. In the end, a judge will consider two usually completely opposite opinions and make a decision.
Experts hired to testify in court can become expensive. They will charge you for their time spent meeting with you and your attorney; time spent evaluating your case; time spent preparing for testimony in court; and of course, time spent actually testifying.
Experts in Divorce Mediation
In divorce mediation, experts take on a different role. Usually, the mediator will notice that an expert opinion might be helpful to the negotiations and point this out to you. If both of you agree, the mediator will explain the process of getting an expert involved.
Many mediators have worked with experts before and can provide you with a list of names. Sometimes, you might already know a professional both of you trust. For example, you might be in need of a tax consultant to make a decision about the tax consequences of your divorce. You can agree to use your accountant who has prepared your tax returns in the past.
Once you agree on a professional, both of you will hire him or her and usually you will share the costs. Just like the mediator, the expert will be neutral and help you understand the information. S/he will provide an objective opinion and explain different options available to you. In most situations, the expert’s opinion will be advisory only and you can decide whether to accept it and use it in your negotiations or not. Couples, who find themselves at an impasse, sometimes decide to make the professional’s opinion binding in order to resolve the impasse and move on.
Examples of professionals often consulted in divorce mediation are 1) accountants for tax issues and the valuation of marital property and pension plans; 2) real estate appraisers; 3) financial advisers for future financial planning; 3) and attorneys. Other professionals that might prove useful are child psychologists, business appraisers, career counselors, and vocational trainers.
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Note: This article is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.
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Chrissy said
Of course, I have a million and one questions. Who doesn’t want to save some money these days. I picked up a book, called Divorce Mediation from the Inside Out, by Ora Schwartzberg. It caught my eye right away as divorce has been something I have been thinking about for a while, but put in my head it’s a costly price and was I financially and emotionally ready? Throughout the book, I noticed it was easy to understand. The main thing for me, was to not get our child involved. Anyone with children, who want to divorce, should use the process described by Attorney Schwartzberg in this book.
cadivorceblawg said
Chrissy, thank you for your comment and for introducing the book to my readers.
Jonathan Kales said
As part of my Northern Virginia family law practice, I utilize both mediation and collaborative divorce.
Your article is quite helpful in giving folks a better picture of how experts may be utilized in mediation and collaboration. I was first exposed to the use of experts in “full team” collaborative cases via the use of financial specialists and mental health professionals, and recently I have been giving strong consideration to pulling some of types into my mediations..
cadivorceblawg said
I am glad you found my article helpful. Always happy to connect with fellow mediators.