Divorce Attorney-Mediator vs. Certified Divorce Mediator: Understanding the Key Differences

No one wants a divorce, but if you find yourself getting a divorce, then the first step is to select your divorce process. If you need to learn what divorce process is right for you, click here. 

If you and your (almost) ex spouse have decided that mediation is the right fit for you, then your next question is, “How do you choose a divorce mediator in Oregon?”

Keep reading to learn the key differences between a divorce attorney-mediator and a ‘certified mediator” in Oregon.

There is no licensing or regulation for the title, “divorce mediator” in Oregon. My 18-year-old son can market himself as a “divorce mediator” without any legal consequences. 

In Oregon, anyone can call themselves a “divorce mediator.”

Just because you see a website, doesn’t mean they have any clue what they are doing. It only shows they know how to market. It means absolutely nothing.

Some divorce mediators are former counselors or former pastors, which initially sounds fantastic because they should keep things calm, but that doesn’t mean they know the ins and outs of divorce law. A calm mediation, but a chaotic divorce isn’t what you want.

There are also some divorce mediators who list their credentials as a “certified divorce mediator.”

Anyone can call themselves a “certified divorce mediator” in Oregon.

There is no requirement under the law to be a “certified divorce mediator.”

Being a “certified divorce mediator” means that person paid Company ABC to give them the title, “certified divorce mediator (from Company ABC).” It’s a for-profit model and means nothing under the law. It’s a pay-for-play scam.

And, speaking of certified… 

Be wary of those who market themselves as a “certified divorce financial analyst.”

There is no requirement under the law to be a “certified divorce financial analyst.” It simply means a financial planner paid the Institute for Divorce Financial Analysts (or some other company) to call themselves a certified divorce financial analyst

Non-attorney mediators don’t know what they don’t know.

Non-attorney divorce mediators, including the certified divorce mediators, can (and do) draft documents harmful to their clients.

As a former law professor of mediation, I have been presenting at national conferences on mediation for over two decades. I cannot tell you how many non-attorney divorce mediators ask me questions that make my stomach fall. They are clueless as to their knowledge gap.

And because there is no licensing or regulations preventing it, you are not protected from it.

They cannot draft your divorce documents that are necessary to file at court and they cannot file your documents for you at court.

Non-attorney mediators will draft you a mediation settlement agreement, which is your contract that describes the terms of the divorce. 

Unfortunately, you will need many more documents to legally finalize your divorce. 

They tell you in tiny print that you will need to hire an attorney to draft your divorce documents and to file them at court for you. 

Generally, non-attorney divorce mediators say something like, “We’ve partnered with local attorneys to finalize your documents at court.” This is a slick way of NOT telling you that you will need to also hire an attorney to prepare the remaining divorce documents and pay the court’s filing fees.

So, when looking at a non-attorney mediator’s fees, also add-in an attorney’s fees to finish the paperwork, fees to file it for you at court, and the court’s filing fees, which generally means an additional $1,000 – $2,000.

At Mediation Northwest, we include these fees in our flat fee packages. When we quote a fee, it includes everything that everyone needs to get a divorce. You never set foot in a courtroom. We do everything for you.

 If you want to hire a divorce mediator, you only want to hire a divorce attorney-mediator.

There are three reasons why you want an attorney-mediator as your divorce mediator.

First, attorneys are licensed to practice law in Oregon. That doesn’t mean every attorney who mediates is amazing, but it ensures they know how to file a petition of dissolution at court. 

Second, attorneys are required, by law, to carry malpractice insurance. That means that if an attorney-mediator messes-up your divorce, you can be compensated for that mistake through insurance. There is no requirement that a non-attorney mediator carry insurance to protect you, and why would there be? There isn’t even a requirement that they are licensed!

Third, an attorney-mediator knows the law, what questions to ask, and how to memorialize it into an agreement that is legally binding.

Frankly, in my opinion, there is never a good reason to use a non-attorney divorce mediator. There are many good reasons why a particular couple should not mediate and instead hire two attorneys, but there is never a good reason to use a non-attorney mediator.

Pick an attorney-mediator who understands the legal landscape thereby ensuring your agreement is legal and fair, without breaking the piggy bank.

Many divorce mediators (but not all) have copied our business plan and website. No one used flat fees or packages with factors before we did it. We pioneered flat fee packages with factors. Although imitation is the best form of flattery, why not hire the original who knows how to get it done, get it done right, and for about the same price?!