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Mediation Myths and Realities
by Kim Hess

Mediation is a process of settling disputes or arguments between two divorcing parties by a third party. Simply put, mediation is a negotiation by an impartial party to move the divorce process along more smoothly.

Here are some myths and realities to better understand mediation.

Myth:  A Mediator Will Rule In My Favor

Reality:  A mediator can be a lawyer or a counselor, such as a psychologist or a social worker. They should not be biased or suggest solutions that favor one party over the other. The mediator makes an effort for the divorcing parties to see each other’s side in an attempt to get both sides to compromise.  A mediator does not have the right to make decisions for the case.  His or her only job is to facilitate the settlement by suggesting solutions and letting both parties resolve their problems themselves to avoid a more complicated court process.

Myth:  I Don’t Have To Cooperate

Reality:  Cooperation by both parties is an important key in mediation. There should be a willingness to honestly reveal all assets and liabilities so that the mediator can assist you. There’s no sense in going through mediation if you won’t participate by making an honest effort. It is also important that both parties are willing to go through mediation

Myth:  Mediation Is More Expensive

Reality:   Divorcing couples often  save money (link to save money section) by going through mediation because you spend lesser amount of time in court.

Overall, mediation can help you create a better relationship with your ex-spouse. However, mediation is not for everyone. 

 

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