When couples choose mediation to resolve their divorce or family law matters, one of the first questions they often ask is: “What exactly does the mediator do?” Understanding this role is essential for setting expectations, staying informed, and getting the most out of the mediation process. While mediators guide discussions, clarify issues, and help couples move toward agreements, their responsibilities have very clear boundaries, especially when it comes to legal advice.
The Core Distinction: Advice vs. Information
A professional divorce mediator is a neutral facilitator. Their job is to help both parties communicate effectively, identify the issues that need resolution, and explore potential solutions. But a mediator does not serve as an attorney for either person.
The key distinction is this: Information explains what the law is. Advice tells you what you should do under the law. A mediator provides the former, but not the latter.
What a Mediator Can Do (The Information Provider)
A mediator can:
- Explain how Illinois family law generally works
- Describe what courts commonly consider in issues like parenting time, property division, or support
- Help you understand forms, timelines, and procedural steps
- Facilitate communication so both sides can express their needs
- Guide you toward mutually acceptable solutions
- Keep discussions structured and productive
This information helps couples make informed choices while staying in control of the outcome.
What a Mediator Cannot Do (The Non-Legal Advisor)
To remain neutral, a mediator cannot:
- Tell either spouse what decision is best for them
- Interpret the law in a way that favors one side
- Draft legal strategy or predict courtroom outcomes
- Represent either person in court
- Provide legal advice of any kind
If the mediator were to cross into legal advising, they would no longer be neutral, which means they would undermine the entire mediation process.
The Critical Role of Independent Legal Advice
Even when mediation is cooperative and respectful, you still need your own lawyer. Independent legal counsel ensures that:
- You fully understand your rights
- Your decisions are well-informed
- The agreement you reach is fair and legally sound
- Your long-term interests are protected
At the Law Offices of Robert M. Kaplan, P.C. in Schaumburg, we frequently guide clients through mediation by providing the legal support a mediator cannot offer.
Need a Divorce Mediator in Schaumburg, IL?
Understanding the role of a mediator will help you enter the process with confidence.
You can book your consultation with our team by calling (847) 845-9477.