Divorce, most times, is characterized by emotional upheaval. Going to court sometimes only adds salt to injury and this explains why some people have opted for a less contentious way to end a marriage through the divorce mediation process. However, some misconceptions or myths about divorce mediation still exist to this day. And, this has prevented people from going through this route.
#1
Only people who agree can mediate
That’s a false narrative. If couples must be in agreement before they can mediate, then divorce mediation will be nonexistent.
Even people who disagree or want to tear each other apart can mediate.
However, both parties must be willing to mediate. They must make that decision before the process can begin properly.
The role of a mediator as the name applies is to bring all parties to a consensus and to ensure everyone is heard and properly understood. No party will feel cheated or unheard. Plus, every conversation must be centered on finding solutions.
#2
Only couples who yield equal power can mediate
That’s false. Couples do not always yield equal advocacy power. But, in divorce mediation, any dissenting party can get assistance for themselves from others from professionals such as lawyers, financial experts, or even divorce coaches.
Thing is, only qualified mediators should handle unique cases bordering on domestic abuse, substance abuse, etc.
#3
Agreements may not be favorable because lawyers are not used in mediation
Seeking and using legal counsel does not automatically translate to having a fair agreement or consensus. A final court decision cannot be relied upon too.
This is in contrast to divorce mediation where the choices of the dissenting parties are factored in and what is best (and just) is considered. The choices must influence the family positively in the future or must not cause harm.
However, sometimes, both parties are encouraged to consult a lawyer during the mediation process. This is to study or rather examine the agreement reached in the mediation.
#4
Mediation disregards the law so agreements are not binding on the parties.
That statement contains half-truths at best and is fallacious at worse.
In divorce mediation, both parties are intimated of the law by the mediator who educates them on all the legal information they need. It is noteworthy to know that a mediator does not give legal advice, the decision to waive or implement legislation is within the confines of the power of the couple.
If the parties understand the important provisions of the law, a knowing waiver is upheld.
#5
Only middle-class couples can mediate.
There is a growing notion that rich couples do not do divorce mediation. That is false.
Even high-income earners go through the mediation process the same way people who have little wealth go through it too.
Mediation costs less money and allows couples to settle things amicably rather than going to court and taking an adversarial stand against the other.
What other myths do you think we left out? We will like to hear from you in the comment section!