Divorces, especially high-asset ones, are often associated with lengthy, expensive court battles. But divorce doesn’t have to be an adversarial process. Alternative dispute resolution (ADR) methods, such as mediation, offer less costly alternatives that focus on collaboration instead of conflict.
However, a quick internet search will uncover numerous misconceptions regarding mediation and can prevent couples from exploring this option. Here are 3 of the biggest myths, along with the facts.
1. Partners need to agree on everything for mediation to work
If couples could agree on everything, they wouldn’t be divorcing. But one of the misconceptions about mediation is that it’s for couples who already get along and agree on most issues.
In reality, mediation is specifically designed to help couples through their disagreements. The mediator’s purpose is to manage conflict, encourage productive discussions, and help both parties work towards mutually acceptable solutions.
2. Mediation isn’t as effective as going to court
Some people assume that any decisions made during mediation aren’t legally binding. Rulings need to be issued by the judge to be enforceable.
Mediation puts the decision-making into your hands, rather than leaving it up to the judge. And once you and your ex-partner reach an agreement and sign it, it’s submitted to the court and becomes a part of the official divorce decree. Mediation often results in solutions that are tailored to your individual needs rather than a cookie-cutter legal ruling by the judge.
3. Mediation is a sign of weakness
Divorce proceedings are often viewed as a “winner takes all” situation, where if you choose mediation, it means that you’re weak or giving in to all of your ex-spouse’s demands. But mediation isn’t about winning or losing. It’s about finding a solution that works for everyone.
Not only is divorce mediation a more flexible approach to resolving differences, but it’s also more cost-effective and takes less time. As more people begin to see beyond the myths, mediation will become a preferable alternative to the more traditional, litigious courtroom drama.
