What to Look for in a Family or Divorce Mediator

There are many reasons you may be contemplating divorce, but we recommend trying mediation before taking the steps for file for divorce.  If you and your partner can agree to seek mediation with the intent of either reconciliation or avoiding a drawn-out and costly divorce, you need to seek a mediator that will keep conversations productive.

Here are some things to look for in a qualified mediator:

·       A good mediator will allow both partners to have their say and will know how to manage the balance of power in mediation sessions.

·       The best mediator for you and your partner will be able to win the respect of both parties.

·       A good mediator will recommend that attorneys for each party review any agreement before signing it.

·       Your mediator should have satisfied references from both sides of their mediated cases.

·       The mediator should have solid experience in handling marital estates, parenting, and custody issues, as appropriate to your situation.

Guardians ad Litem

Many people associate the term guardian ad litem with the care and protection of children.  Indeed, guardians ad litem are often appointed by courts in cases involving minors. Parents can petition to be appointed their child’s guardian ad litem. However, elderly individuals are often in need of someone to act and speak on their behalf if they are incapacitated in some way.  Courts usually prefer to appoint a family member—either related by blood or marriage--as the guardian for a senior but if there is no relative available without a conflict of interest in the matter, a friend or neighbor may serve in this capacity.

Frequently a guardian ad litem (GAL) is a trusted attorney experienced in dealing with elderly persons with disabilities or incapacities. An attorney specializing in elder law will be equipped to conduct an investigation to determine the needs of the ward. Such an attorney will visit the proposed ward, who must be informed of the right to contest the guardianship petition or object to the proposed guardian.