In our last post we talked about complex cases in divorce mediation. Today we will discuss using experts in mediation. You can generally use the same types of experts in mediation as in litigation, but there are often ways to make the process more efficient and cost-effective.

Joint Experts vs. Individual Experts

One way to save costs in mediation is to choose one joint expert together, rather than paying for separate experts. Whether or not this is the right choice depends on many factors. In a situation where a wide range of interpretations is possible, you may still want to hire your own expert to interpret any ambiguous information in your favor. Of course, your spouse is then likely to hire an expert who will contradict this interpretation.

If you have contradictory expert opinions in litigation, a judge decides which opinion to accept. If you are in mediation, you and your spouse will have to agree on which opinion to accept. You can also agree to accept parts of one opinion and parts of another. Sometimes the result is similar to what it would have been had you agreed to hire one neutral expert in the first place. Nevertheless, if you can afford the fees and are confident that your expert is better than your spouse’s, hiring your own expert could be the right decision. Discuss your options with your attorney before deciding which way to go.

Summary Expert Opinions

You do not need to follow strict rules of evidence in mediation, nor do you need to present background information and details to a judge. For these reasons, you can generally use simplified expert reports. You need to be sure, however, that you understand everything that the expert is saying. You should also be aware that if you do not settle the matter in mediation, you may still need to pay for a full report or for the expert’s formal testimony in court.

Experts Available in Divorce Mediation

Here are a few types of experts that can provide opinions in divorce mediation:

• Financial specialist. Financial specialists are usually accountants or financial planners with additional training in analyzing and resolving common divorce issues. A helpful certification is the “Certified Divorce Financial Analyst” (CDFA) credential. You may wish to hire an individual financial planner to help you inventory your current assets and liabilities. An individual planner can also help you optimize your post-divorce financial situation. A joint financial expert can explain the potential tax effects and other financial implications of your settlement to both you and your spouse. The implications of property distribution and payment or receipt of spousal or child support will differ for each of you.
• Appraiser. Appraisers provide accurate valuations of significant items of property, such as real estate, artwork, or jewelry. Appraisers must have training and experience valuing the specific type of property at issue.
• Business Valuator or Business Appraiser. If one or both of you have an ownership interest in a business that is all or partially marital property, a business valuation is essential. A business is a divisible asset in a divorce. Businesses also usually produce income streams that must be considered when calculating appropriate child or spousal support. A business valuator is usually a CPA with special training and experience analyzing the assets, liabilities, and capital of companies. Be sure that any expert you use is a specialist in the specific type of business in question. The projected future performance of a specific business will differ based on the economics of the particular industry.
• Actuary. Actuaries use predictive data and statistical analysis to calculate the present cash value of assets like pensions or life insurance.
• Employability or Vocational Expert. If either you or your spouse are claiming that the other spouse is voluntarily unemployed or underemployed, you may need an employability expert. This kind of expert can provide information regarding available jobs that a person may be able to obtain based on their education and experience, along with the likely salaries of such jobs. This can be helpful when, for example, one spouse is a former breadwinner whose income has suddenly dropped, or a stay-at-home spouse who needs to begin contributing to self-support.
• Child Custody Specialist. In litigation, child custody experts perform full evaluations. They interview the parents, the children, and often others with information about a child, such as teachers, coaches, and doctors. Evaluations tend to be expensive and intrusive, and paying for separate evaluations does not guarantee a positive result. Parents in mediation can get input from a professional by hiring one child specialist together. Ideally, this will be a licensed mental health professional with training in child development and family systems, as well as extensive experience working with families going through divorce. This kind of specialist will provide both parents with information and guidance while staying neutral. Their primary focus will be on the best interests of the children.

Have you decided that mediation is worth a try, but you are not so sure your spouse will agree? In our next post, we will talk about how to approach your spouse about the mediation process. Meanwhile, if you want to learn more about mediation, or you are ready to get started, contact us today.