Very few people enjoy going to court. When divorce becomes a reality, some people make the choice to go through divorce mediation instead of family court. However, despite its increasing popularity, there are still many pervasive myths floating around about the mediation process. It is important to set the record straight so that you can make an informed choice about which process may be right for you.
Myth: The mediator is there to mediate your disputes about your marriage.
Technically, this is false. A divorce mediator is a professional, often a family lawyer but not always, who has training in dispute resolution and will use it to help you work out a settlement. They are, in a nutshell, not ‘that’ kind of mediator – they are not therapists or couples’ counselors. Mediators are there to step in if you and your spouse are not able to come to an agreement on certain divorce-related issues – for example, asset disposition, child custody, and spousal support or alimony.
Myth: Mediation is binding and is biased in favor of the wife, as are the courts.
False. While mediation is a collaborative process, you have no obligation to agree to anything. It is typically in both of your best interests to try and reach agreements to save time and money, but if you are genuinely unsatisfied, you are not bound in any way. Incidentally, the idea that divorce courts are biased in favor of women is also generally without foundation, as multiple studies have shown.
Myth: Mediators don’t have to be certified, so they don’t know what they’re doing.
This is half true. Mediators in many states are not required to be certified or licensed. However, this does not mean that they do not know what they are doing. Mediators do not survive in business without a strong grasp of their state’s divorce law and significant training. Most mediators also adhere to the Model Standards of Practice for Family and Divorce Mediation, which helps to guarantee uniform results.
Myth: Mediation is always the best possible way to go.
False. While mediation can be beneficial for many couples, it is not a good option for couples who are at odds. Mediation is designed for couples who are able to tolerate each other’s presence, and constructively discuss options for the future. If there have been domestic violence or anger issues in the family past, mediation is likely not the best option – a total inability to agree on anything will be the likely result, with the attendant loss of time and money.
Pioletti Pioletti & Nichols: A Bloomington Family Lawyer You Can Depend On
Fulfilling clients’ needs is of the utmost importance, and Pioletti Pioletti & Nichols will stop at nothing to secure the results our clients are looking for. For more information, contact an experienced Bloomington divorce lawyer at Pioletti Pioletti & Nichols today.