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What Are Common Misconceptions About Divorce Mediation?
Divorce mediation has recently risen in popularity as an alternative to divorce litigation, but there are still myths about how it actually works. Mediation can be favorable to any divorcing couple seeking a reasonable settlement without any courtroom drama, but some couples wonder whether mediation is right for them. Read on to find out details about the divorce mediation process and ways a Divorce Mediator in Ocean County can help you.
CAN DIVORCE MEDIATION WORK FOR EVERYONE?
It’s true that divorce mediation may not be successful with every single couple, but there is a common misconception that mediation is only for “simple” divorces. Many people think that mediation is not suitable for any high net worth divorces or divorces with children, but mediation can be helpful for these circumstances. The key to successful mediation is both spouses’ cooperation in working towards a fair and reasonable agreement. The only thing that prevents proper mediation is a petty spouse or an unqualified mediator.
WHAT DOES THE MEDIATOR DO?
Some people believe the mediator is similar to a judge and therefore makes final settlement decisions. The mediator can offer solutions, but the settlement is in the hands of the spouses. This can sound daunting if you know nothing about the divorce process. A mediator acts like a middleman most of the time during settlement discussions, but they are also there to provide accurate legal information. Mediators are skilled both in their ability to calm tense situations and in their extensive knowledge of the law. Not all mediators are attorneys, but attorneys can be mediators. Mediators only get involved in the process to inform the spouses of legal options they need to consider, answer any questions, make sure the discussion is productive, and write up the final settlement. Otherwise, the spouses are free to discuss the agreements between each other in the presence of the mediator.
DO YOU HAVE TO GO TO COURT IN THE MEDIATION PROCESS?
Most of the time, divorcing couples won’t need to go to court if they opt for mediation. There’s a myth that mediation is not legally binding so couples will still need to battle in court to finalize the divorce. This is just blatantly false. The purpose of divorce mediation is to allow couples to work through the process without needing to take it to court. At the end of the last mediation session, the mediator will draw up a legal agreement finalizing the divorce settlement for both spouses to sign. You’ll only need to go to court if either you or your spouse breaks the signed agreement. If one of the spouses goes against the legal settlement, they can be brought to court for breach of contract.
Do you think mediation could be a viable option for your divorce? Contact the Law Office of Sarina Gianna, LLC for quality legal counseling with a compassionate and trusted divorce attorney.
