4 Misconceptions On Divorce Mediation

17 January 2018
 Categories: Law, Blog


Mediation, an alternative form of divorce with huge benefits over litigation, is poorly understood. This is unfortunate because divorce is a complicated affair, and every step you take should be based on facts and facts alone. For example, here are some of the common misconceptions people have about divorce mediation:

Mediation Is the Best Option for Divorce

There are different approaches you can take to divorce your spouse, and there is no one-size-fits-all solution for all couples. Therefore, saying that mediation is the best way to divorce is not true for everyone. It is true that most couples can benefit from mediation, but there are a few who can't, and you should know which side you are in before starting the process. For example, mediation may not be good for you if your partner is abusive and intimidates you. Therefore, you should consult an attorney first and let them advise you on whether mediation is good for you or not.

You Need the Mediator on Your Side

Those who believe that they can only "succeed" with mediation if they can get the mediator on their side do not understand the role of a mediator; they confuse mediators with arbitrators. Whereas an arbitrator hears the evidence by both sides and determines a fair outcome, the mediator does no such thing. Instead, the mediator facilitates or controls the discussions so that you two can reach an agreement. In such a case, getting the mediator on your side won't do anything for you because the mediator doesn't determine anything.

Mediation Helps to Avoid Divorce Attorneys

The role of a mediator is different from the role of an attorney, so neither can replace the other. It is not a must to have a divorce attorney for mediation talks, but having an attorney will benefit you in several ways. For example, the attorney can help you evaluate the available options, review the relevant legal documents, and advise you on the alternatives.

Mediation Only Fits "Simple" Divorces

Some people believe that mediation does not work for "complex" divorces. Some of the divorces that people think of as complex are those that involve high-net-worth individuals or those that have lots of controversial issues. However, anything can be mediated as long as you are willing to sit down and talk with each other.

Hopefully, you now know a little bit more on divorce mediation. The best way to ensure that misconceptions don't cloud your divorce decisions is to consult a professional on the issue—a divorce attorney.