In family law, the adversarial system is often used in disputes such as divorces, child custody battles, and alimony or child support disagreements. Each party, represented by their respective lawyers, will present their case, providing evidence to support their positions.

As a Certified Divorce Financial Analyst (CDFA), I would be crucial in such adversarial proceedings. A CDFA helps the client and their attorney understand how today’s financial decisions will affect the client’s financial future. This can include examining and analyzing the financial issues of a divorce, providing the client and lawyer with data to strengthen their case, and helping the client understand the short-term and long-term financial impact of different settlement proposals.

In the adversarial system, the judge will impartially weigh the evidence provided by both parties. This includes financial data, where knowledge of a CDFA can be especially beneficial. A CDFA can help ensure the case’s financial parts are understood and appropriately considered in the final decision by providing clear, objective, and detailed financial analyses.

However, as a mediator, my role would be different. Mediation is a method of dispute resolution that seeks to avoid the adversarial nature of court proceedings. Instead of presenting evidence to a judge to win the case, the parties involved in mediation work together to find a mutually satisfactory solution. The mediator helps with this process, helping the parties communicate effectively, understand each other’s positions, and negotiate constructively. This can often lead to more satisfactory outcomes, with less emotional and financial cost than traditional court proceedings.

In both the adversarial system and mediation, the goal is to resolve disputes fairly and justly. However, the methods and roles of meeting this goal can differ.