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Do You Need a Family Law Mediator or an Attorney?

by | Dec 20, 2021 | Mediation

family law mediator

Although both a family law mediator or an attorney help solve family law problems, their roles are different. Often lawyers are also mediators, making it difficult to distinguish between a mediator and a lawyer. Ultimately, both lawyers and family law mediators try to help couples solve issues in a divorce and move forward amicably. However, the main difference is that mediators seek to foster and support communication with both parties. Lawyers represent and defend one party’s sole interest. Read below to learn the other differences between a family law mediator and an attorney so you can decide what kind of representation is right for you.

Family Law Mediator v. Attorney

Family Law Mediation: What is it?

•       Mediation is a legal process that helps participants make decisions outside the traditional judicial context.

•       Mediation is an alternative to litigation. The mediator will effectively identify the issues involved. They will help find a compromise, and find amicable solutions. Finally, they will facilitate the conclusion of agreements that benefit the parties for an out-of-court divorce.

•       In most divorce mediation cases, the mediator will cost less than an attorney and associated legal fees.

•       Mediation will often take less time than a divorce that goes to court.

•       The use of a mediator is often a more private matter.

•       Unlike an attorney who will represent one side, a mediator work with each party (rather than against one party). They work to create an agreement that can support better long-term relationships. Mediators assist when both sides are in the position to cooperate with one another.

•       The mediator does not provide legal advice to either party and does not support either party’s position. However, the mediator may suggest solutions that meet the needs of both parties or ask questions of the party to identify potential pitfalls in the party’s position.

•       In cases that include parenting disputes, the court may order both parties to attempt mediation before proceeding with a divorce. In other cases, the couple may voluntarily decide to mediate before seeking out legal representation.

Legal Representation

•       An attorney can only represent and defend one spouse in court.

•       Family law attorneys assist when a divorce case is contentious, and spouses cannot come to an agreement between them. They are often called upon when one or both sides do not wish to cooperate during the divorce for whatever reason.

•       Family attorneys attend law school to know, understand, and defend all the nuances of family law and divorce. From child custody, visitation, alimony, division of property, they can give legal advice if and when it is needed.

•       A lawyer’s job may also be to mediate to some degree, although mediators cannot legally represent anyone like a lawyer would be able to.

Need a Family Law Mediator or an Attorney?

If you believe you are in the position to hire a mediator or attorney, or if you have any questions, Whipple, Mercado & Associates is here for you.

Our full-service San Ramon law office provides free initial consultations. Call us today — 925-344-5050. We respond promptly to all email messages and phone calls.

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Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization