Common Divorce Mediation Myths
Most Common Divorce Mediation Myths
Many people have misconceptions regarding divorce mediation and it’s important to know the truth about the process so that you can take full advantage of all its benefits. In certain cases you may be required to access the services of a mediator before your divorce goes to court. You may also want to consider using mediation as an alternative to a lengthy and expensive court procedure.
Here are some of the most common myths regarding divorce mediation that you should know:
You Must Come to an Agreement
A lot of people have the idea that mediation fails if all of the issues are not resolved. This is a myth that can slow down the divorce negotiations. Mediation can be used to help work out certain issues such as child support or custody when the partners know that an agreement can be worked out easily. Then, the other issues that can’t be resolved in mediation can be decided in court. Using mediation this way gives you more control over the process and helps to speed up the divorce.
Mediation Should Only Be Used for Amicable Divorces
Mediation can be used for both contentious and amicable divorces. It was designed to help reduce conflict that can often arise during negotiations. It isn’t necessary to get along in order to use divorce mediation. The process is a tool that can help relationships with even a high conflict level come to decisions through effective communication.
There Are Too Many Compromises Made
We encourage you to feel completely comfortable about any decisions that are being made. You do not need to agree to anything if you don’t feel they aren’t right for any of the parties involved. By using mediation, you can choose how you are going to compromise on certain issues instead of having a judge ultimately make the decisions for you.
Mediation Takes a Long Time
Mediation can help shorten the divorce process in most cases. You can often get a head start on finalizing your divorce before the 6-month waiting period is over. If you are able to come to a final decision on all matters, you can avoid going to court completely, which will also significantly speed up the process.
You Can’t Work with a Lawyer
You are still able to consult with a lawyer even if you choose to use mediation. There may be some topics that you feel should be discussed with a lawyer before finalizing a decision and that is perfectly fine. Many people use a lawyer this way during the mediation process.
The Decisions Are Made by the Mediator
The mediator has no power to make any decisions. Both you and your partner will ultimately have final say in terms of any agreements that are made. The mediator will let you know what the law requires but will never tell you what you need to do. The primary role of the mediator is to help reduce conflict and to guide both parties towards efficient communication that leads to acceptable decisions being made.
The goal of divorce mediation is to make the process as amicable, respectful and as smooth as possible. It is also a more cost-effective way to finalize a divorce and gives you more control over making important decisions instead of leaving it all up to a judge to decide.