Common Myths of Divorce Mediation
Posted on Jan 27, 2015 5:05pm PST
It has become more and more common for a couple that is divorcing to try and avoid litigation altogether. Litigation oftentimes places spouses against one another and creates a contentious atmosphere that can linger for years. Some of the alternatives include collaborative law and mediation. Mediation in particular can be a great way to decide the important issues of the divorce without going to court. However, there are many misconceptions about mediation that need to be dispelled.
What should I know about mediation?
Mediation occurs when two spouses hire a neutral third party. Called the mediator, the important issues that would be decided by the court, such as property division, spousal support, child custody and visitation, are discussed and agreed upon. The mediator works simply to help the spouses come to an agreement that works best for them. Since every family is unique and their needs are different, the methods the courts uses may not necessarily reflect what is in the best interests of all involved. That is why mediation has become so popular. While mediation places control of the divorce in the family's hands, it is rife with misconceptions.
Some of the most common myths include:
- The mediator will side with one spouse over the other
- Men usually come out better in mediation than women since the court favors women
- Hiring a lawyer to see the divorce to completion is less hassle
- Mediation is just a way to give up important needs instead of fighting in the courtroom
- Divorce will be a significantly longer process if mediation is included
- Lawyers should not be involved in mediation
- The mediator has a significant role in the outcome of the mediation process
- Every divorcing couple should choose mediation over litigation
Many of the misunderstandings about mediation stem from a lack of knowledge about what mediation actually is. With more and more couples choosing this option, it offers a form of control over an otherwise uncontrollable legal process.
If mediation sounds like an option you would like to explore, check out the directory to find mediation-friendly attorneys in your area!