4 Myths About Divorce Mediation

Law Articles

One of the biggest problems that couples face when going through a divorce is the fact that they see it as a battle. This need not be the case, especially if you have children and simply want what is best for them. A divorce mediation is a process where an attempt is made to work out everything as amiably as possible. This means that both parties will attempt to work out what is in each other's best interest. However, much like many other legal issues, divorce mediation is also subject to myths and downright lies. Throughout the course of this brief article, you will learn about 4 of the specific myths associated with divorce mediation.

Only Attorneys and Former Judges Can Mediate

Although mediation is usually seen as the bread and butter of divorce attorneys and former judges, the fact of the matter is, there is no professional status that a mediator has to have. In fact, during the process of mediation, an attorney or former judge will be unable to confer legal advice to you.

In many cases, a mediator will often times be a counselor or someone working in the mental health field. A mediator is someone who has to navigate tricky emotional territory and redirect some attempts at either you or your spouse to manipulate or undermine one another.

Couples With A High Net Worth Should Not Mediate

In maintaining a solution that is mutually beneficial for both parties, net worth is an issue that generally does not come into play. Finding a solid line of communication and determining what is best for your family is something that goes beyond net worth and aggregate salaries, and your high net worth should not dissuade you from deciding on mediation for your divorce.

A mediator should be someone who is not too terribly concerned with determining how much money each party "deserves", but rather, what is beneficial for both parties and, if you have children, ultimately, what is best for them.

A mediator should also not be afraid to bring in other outside sources to determine the best course of action. This occasionally means that one party will receive a greater deal of the assets than the other, but this should be committed in the name of objectivity and mutual beneficence.

Gender Lines

Many people assume that if you are a man and your mediator is a woman, the mediator is going to simply side with your wife, and vice versa. However, it is a mediator's job to remain neutral during the proceedings. This means that the only time that your mediator will spend with either of you is during the time that all three of you are together. A good mediator works towards achieving sustainable outcomes that work for both parties. A mediator should not, in any case, meet for a one on one meeting with you or your spouse, as doing so would undermine the objectivity of their profession.

I Need The Mediator On My Side

A mediator is often times confused with an arbitrator. An arbitrator also meets with couples outside of the courtroom, but they hear both sides of the story and make a binding decision. A mediator cannot make a binding decision but only aims towards helping the couple make the decision that is mutually beneficial for both of them. The final say is with the couple themselves.

Mediation is for couples who wish to end their marriage on relatively amiable terms and what was is best for each other and their family. Hopefully, this brief article has shed a bit of light on the process.


21 December 2015

Noni and the Accident

My name is Noni. When I was in college, I was hit by a car while crossing the street. My life was never in danger, but I did break a few bones and had a lot of huge medical bills. I was hoping I wouldn't have to get involved with an attorney, but unfortunately, it came down to that. I used a family friend who is an accident attorney to get some compensation. A few years later, I was hit while riding my bike and had to go through the same process. I suppose I'm lucky to be alive. And it's thanks to accident attorneys that I have been able to put my life back together. I started this blog as a way to let others know just how much lawyers can help you in certain situations.