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Specialty tag(s): Divorce Mediation, Contested Divorce, Divorce, Pre-Divorce Guidance

Divorce Mediator vs. Attorney: Which Do You Need?

Lindsey Obenhaus | July 10, 2025

The divorce process can play out in several different ways, but no matter the avenue to settlement that is taken, important aspects of your life, including your access to and relationship you’re your children, your business, and your most valuable assets, are all impact by how your divorce unfolds. For these reasons, among others, it’s important that you understand the differences between hiring a divorce lawyer vs. a mediation professional when choosing how to proceed. Whether you choose a divorce lawyer or mediator can have a significant effect on the outcome of your divorce.

When Might You Choose a Divorce Mediator vs. a Lawyer?

Before deciding whether a divorce lawyer or mediator is the right decision for your unique situation, it’s helpful to know what separates the two processes from one another. When comparing divorce mediation vs. a lawyer, both approaches have value and can produce drastically different outcomes for your divorce. Understanding the unique situation of your divorce can help you decide between divorce and mediation.

Contested Divorce

A contested divorce occurs when the spouses can’t agree on how best to settle their issues, to the point that they may require court intervention to litigate disputes in order to resolve them. This could include contentious matters such as child custody, spousal support, the division of assets, or the fate of a business. Should debates over important matters become heated and unproductive, divorce mediation may no longer be a viable strategy and litigation may be necessary to resolve the issues.

When this occurs, a hearing request (either a motion or a notice of trial) will be filed with the court. This pleading is a way of asking for the court to decide these matters, either temporarily or permanently. Eventually, this will result in a trial presided over by a family court judge, and a divorce attorney vs. a mediator is necessary.

Divorce Mediation

Alternatively, divorce mediation is a dispute resolution method that involves spouses talking through their disagreements with the shared goal of coming to an agreement with the help of a mediator who is trained in negotiating complex family law issues, such as visitation rights and child support. When spouses enter into divorce mediation, they do so with the objective of resolving their issues amicably. Mediation may also be a less expensive approach compared to taking a divorce to trial. During mediation, spouses discuss the important matters at hand and attempt to come to an agreement on how they should be handled.

What’s the Role of a Divorce Mediator vs. Attorney?

While divorce mediators and attorneys both attempt to resolve divorce issues, they do so in two different ways. Here is what you can expect from a mediator vs. a lawyer in a divorce:

Divorce Mediator

A divorce mediator acts as an unbiased third party during divorce discussions, and their goal is to resolve or narrow the disagreement gap between the two spouses. They can negotiate agreements on behalf of both spouses. Though mediators will assist in these discussions to obtain information and ask questions, they cannot provide either side with legal advice. This inability to offer legal guidance is an important distinction when comparing a divorce mediator vs. a lawyer. It is up to the spouses to decide on final agreements during mediation.

Divorce Attorney

Unlike a mediator, divorce lawyers only represent their client, not both parties, and it’s their job to secure the best possible outcome for that party. This can involve providing their client with expert legal advice on how to proceed or engaging in negotiations with the opposing party’s attorney. Divorce lawyers are widely used in divorces, both contested and amicable, because their deep knowledge of the law and any legal proceedings pertaining to divorce is necessary for achieving a favorable outcome.

Choosing Whether a Divorce Lawyer or Mediator is Right for You

Choosing a divorce lawyer vs. mediator can be a difficult decision, but it’s an important one that can have a long-lasting impact on your life. If you and your spouse believe you can come to an agreement on important aspects of your lives, then it may be best in your situation to hire a mediator for negotiations. However, if you feel that mediation would be unproductive, you may want to hire a divorce attorney who can litigate on your behalf. This will give you a better chance at achieving your desired outcome for the divorce.

When considering a divorce in Texas, contact Goranson Bain Ausley for a legal consultation. We can advise you on whether a mediator or divorce lawyer is right for your situation, and our skilled family law attorneys in Austin, Dallas, Fort Worth, Granbury, Midland, Plano, and San Antonio will always put your interests first and work diligently to get you the outcome you deserve.