One of the alternatives to divorce court is mediation. Mediation involves working with a neutral third party (a mediator) to reach a resolution. While divorce mediation has grown in popularity over the years, many myths remain about this alternative dispute resolution (ADR) method. If you are about to get a divorce, it is crucial that you know the truth about mediation so you can make an informed decision. Do not choose or avoid choosing mediation because of misinformation. A qualified divorce lawyer can help you understand the truth about mediation and the other alternatives to litigation. However, even before talking to an attorney, read on to learn the truth about some of the most prevalent myths about divorce mediation.
Myth #1: Mediation is Not Legally Binding
One of the most common myths about mediation is that this ADR method is not legally binding. This is only partly true. Mediation itself is not binding unless it is court-ordered. However, divorce mediation is usually binding because, after the mediation process, the parties sign a contractual agreement that binds them to comply with the conditions outlined in the divorce agreement.
Myth #2: The Mediator Makes the Final Decision
Another common misconception about divorce mediation is that the mediator makes the final decision. However, this is false. The role of the mediator is to help spouses communicate divorce-related issues, negotiate, and resolve conflicts. A mediator does not make any decision on behalf of the divorcing spouses. It is up to the divorcing spouses to make the final decision.
Myth #3: Mediation Allows One Party to Dominate the Other
Apart from facilitating communication and helping spouses negotiate and resolve conflicts, a mediator is supposed to pay close attention to and address any power imbalances between spouses. If one spouse persists in dominating the other, the mediator is supposed to call off the mediation process.
A caution: A mediator may not notice the power imbalance between spouses if it only happens outside mediation sessions. Therefore, if you go into mediation and your spouse tries to control you, you should let the mediator know.
Myth #4: Mediation is Right for Everyone
Mediation is not the right option for all divorce cases. Generally, mediation requires cooperation, communication, and transparency. Mediation cannot work if you or your spouse are unwilling to communicate, cooperate, or be honest. Mediation may also be unsuitable if there is a history of domestic violence or couples have complex assets.
Myth #5: My Rights Will Not Be Protected if I Mediate My Divorce
While a mediator cannot advise you on what to do, your mediator will educate you about divorce laws and your rights. Once you are informed about your rights, you will have the knowledge you need to avoid being taken advantage of. Also, you can hire an attorney. Your lawyer can help you understand your legal rights. A skilled lawyer can help ensure your rights are protected.
Myth #6: Mediation is for Low-Income Couples
One of the worst myths about divorce mediation is that it is primarily for low-income couples looking to save money. Indeed, mediation can help couples save money, but it is a process that can benefit even wealthy couples. Mediation can not only benefit you financially, but it can also benefit your emotional well-being and overall health.
Contact Us for Legal Help
If you are about to get a divorce in Florida, do not hesitate to contact our qualified divorce attorneys at Tampa Bay Legal Center, P.A., for legal help.
