Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #40:
Are therapists better equipped than lawyers to do family mediation with the exclusion of the financials?

Where does the boundary lie between therapy and mediation? Thank you kindly.

Answer:
There is a major distinction between "divorce mediation" and "family therapy". Family therapy deals with the past and present relationship between the parties, in an effort to resolve past relationship problems and to re-unite the parties so that they may continue the family structure and relationship as husband and wife. Divorce mediation, on the other hand, is for couples who have tried family counseling and have decided that they can no longer live together and must separate .

Divorce mediation is designed for couples who are separating and is a civilized alternative to the adversarial system in which each party hires a lawyer and they battle it out in court.

There is no question in my mind that an attorney who has been specially trained in divorce mediation is better equipped than a therapist to conduct the divorce mediation process because he/she should be more attuned to be specific statutory requirements in his/her state regarding matrimonial matters and the intricacies of the laws pertaining to the specific facts in each case.

In addition, an attorney familiar with the facts and decisions of the parties will be necessary (even if you choose to go to a therapist mediator) to draw up the Separation Agreement and all of the other divorce papers necessary, a task which can be legally performed only by an attorney licensed in the state which has jurisdiction over the matter.

DIVORCE SOLUTIONS

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