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Mediation Truth vs. Fiction

Mediation, though a familiar word, has a lot of misconceptions, especially through divorce mediation. This page is designed to show you the common myths of mediation, and set the record straight.


Myth: Using a mediator will only make matters worse.


Truth
: Studies conclude that through face to face interaction with each other and a third party- a mediator- the couple is more likely to act rationally through their words rather than irrationally with actions, resulting in decisions to work out their issues.


Myth: Litigation through court is more beneficiary after the settlement than mediation.


Truth:
Usually when cases like this are handed to court, both parties never get what they fully want. While the winning party may feel satisfied, the losing party feels defeated and disgraced. These cases are often difficult to predict. Even though both parties might find their settlement rational, the legal fees alone, not to mention the emotion distress, cost the ultimate price.  Dividing up assets and making an agreement is more beneficial to your state of mind and pocketbook rather than a court ordered process.

Divorce mediation is the less costly and more emotionally fulfilling way of settling disagreements, debts and assets. 


Myth: Divorce lawyer or divorce mediator? A couple cannot use both options.


Truth:
If the situation calls for it, the couple may feel comfortable with a mediator, and a divorce lawyer for all the legal papers and assets. The most important thing is the couple is in control, and comfortable. A lawyer and mediator are not one in the same, and if legal process is needed, a lawyer can help move along the process painlessly. Remember, a mediator cannot consult with you on your legal issues.


Myth: Despite the choice for a mediator, a lawyer is needed anyway for legal assistance.


Truth:
  In many case, the mediator can help their clients with all of the Pro-Se documents and other documents required by the court. Although a Mediator cannot give you legal assistance,  there are options of paperwork a mediator can help you with.  


Myth: If you know you’re winning the case for sure, you don’t need a mediator.


Truth:
In any divorce case, there is no guarantee of victor. Divorce is a difficult and tedious process, and unless a couple has mutually agreed no their standings, it’s up to the court to make the final decision. Mediation is a simple and easy way of making sure you’re getting what you deserve, as well as the other party.


Myth: Mediation is for couples who can’t do it on their own. I’m strong enough to take on my own case.


Truth:
Contrary to belief, Mediation is now an essential requirement by most courts.  Mediation is the solution to a mutual agreement, the only chance of agreement you have without a lawyer, and this has a big factor in winning your case.  Without this agreement, it’s up to the Court to decide what will become of your assets, child support payments, parenting issues, and other complicated issues. Mediation is your ticket to having a voice in your suit.

 

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