7 Myths About Divorce Mediation
- Alison Reigh, Esq.
- Jun 14, 2018
- 3 min read
Divorce Mediation is an excellent way to save time money and still achieve a fair result in your divorce. Divorce mediation has the additional benefit of significantly reducing conflict and stress during the process.
If you are considering divorce mediation as a way to resolve your divorce, you should be aware that there are a lot of misconceptions about the process. Don’t let these seven common myths stop you from exploring mediation as a way to resolve your divorce.
Myth #1: Mediation is only for Simple Cases.
Mediation works well for all types of divorces; from simple to complex cases, and from small to large marital estates. A good mediator will know how to approach all types of cases and analyze all kinds of financial situations.
Myth #2: Mediation is not Legally Binding.
The goal of mediation is for you and your spouse to reach an agreement on all of the issues in your divorce. If you do so, the marital settlement agreement will be legally binding as a contract. It will also be submitted to the court along with your divorce decree, making it fully enforceable under the powers of the divorce court.
Myth #3: The Mediator will Decide what is Fair.
A divorce mediator is not a judge. The mediator is a neutral, third party. It is up to you and your spouse to make decisions and reach agreements. Your mediator will provide you with practical guidance and advise you on how the courts typically handle issues. All decisions, however, are ultimately up to you and your spouse.
Myth #4: Mediation is only for Amicable Couples.
Mediation works well even for contentious couples. Unlike traditional divorce litigation, mediation provides a less stressful environment and is focused on helping couples reach a fair agreements that work, rather than on “winning.” (for a interesting take on whether you can "win" in your divorce, see Hiring an Aggressive Divorce Attorney: Can I "Win" My Divorce?)
Myth #5: The Mediator will do all the Work for Me.
You will need to prepare for divorce mediation. Coming to mediation unprepared will make reaching a fair agreement much more difficult. It’s important to prepare for property division by organizing all your assets and debts. Keeping your goal in mind will help guide you through the process and plan for the future.
Myth #6: Mediation Means Giving up Rights or Settling for Less than Desired.
Divorce mediation provides you with the same rights and opportunities as a traditional litigated divorce, but in a forum that reduces stress and promotes a more productive discussion of the issues. Your mediator can provide guidance that will allow you to make informed decisions. The choice to compromise lies entirely within your discretion.
Myth #7: All Mediators are the Same.
The right divorce mediator is key to a successful divorce mediation. Not all mediators are the same. You’ll want a local, experienced and knowledgeable mediator that can provide practical advice to guide you and your spouse to a workable agreement. Experienced means someone who has been a practicing divorce attorney in your local jurisdiction. You can learn more about what to look for in a divorce mediator in this article: 4 Things You Should Expect in Divorce Mediation and The One Thing You Should Not (But Many People Do).
When you and your spouse are ready to explore mediation to resolve your divorce, contact SnapDivorce to schedule your free initial consultation with one of our experienced divorce mediators.
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