Home Family 9 Common Misconceptions and Benefits of Family Law Mediation – 2021 Guide

9 Common Misconceptions and Benefits of Family Law Mediation – 2021 Guide

by William Gist

People are increasingly faced with alternative dispute resolution such as mediation. Proponents of this procedure believe that they can cope with all the pitfalls of divorce so that both parties remain satisfied and not damaged. And that is true.

Divorce involves a large number of elements, demands and becomes even more complex when it comes to family. Of course, if some family problems are added to that, the whole thing becomes even more complicated. Either way, consider a few classic things when it comes to negotiating between couples.

So, those are the issue of child custody, child support, division of marital property, etc. Probably the whole thing will be completely clear to you just based on these few examples. The outcome of a divorce depends primarily on family conditions, and then on the procedure that people choose. To make sure you choose the right procedure, read all the misconceptions and advantages we have singled out for you.

Misconceptions:

1. A mediator is the same as a lawyer

Source: findlaw.com

One of the many misconceptions is that a mediator does almost the same job as your lawyer and that without compensation. So, a large number of people think that the mediator will force them to do something and that they can get into trouble that way. This is definitely not true. He is there for both partners equally and has only one goal. And that refers to the establishment of a solution that is acceptable to both parties. In addition, there is no authority that would allow him to persuade you to do anything.

2. A mediator can solve all your problems

This applies to absolutely all possible problems within divorce. Of course, he is not there to represent one side. His duty is to represent exclusively the common interest. You and your partner need to get there. You will do this if you manage to present all the facts of your case. Otherwise, he or she cannot help you solve the problem.

3. Justice is always on the side of the man

Source: wealthandfinance-news.com

During this procedure, men and women have equal rights. Their roles are equal in every sense. This also applies to some beliefs. For example, it is considered that men do better than women because they know less about marital finances, property, etc. Today, however, women know as much as men. However, the most important thing to note is that the mediator is an objective party that does not choose a party.

4. Mediation is only for couples who get along great

Of course, the procedure requires a conversation between the couples. However, that does not mean that they have to be on good terms and have communication regardless of divorce. They do not have to communicate at all, but they will still have to exchange a few words during the process in order for the procedure to be completed successfully. If you do not agree with your partner, you do not have to worry because the mediators are trained for these situations and already have experience with such couples.

They will know how to achieve a common goal and are very skilled with people. Also, many couples managed to communicate in this way and thus improved their relationship.

5. Going to mediation means agreeing to less

Source: tdcfamilylaw.com

This is just another one of many misconceptions. Many people think that they will come out of the whole process damaged if they agree to something like this. The law is equal when it comes to distribution. So, the property and everything else will be allocated to you to the extent that you deserve. It is important to know that this decision is not up to the mediator, because he is only the person who received the information. So, the only culprit may be the other party who did not give good information to the mediator.

Then the settlement will not be fair. However, this does not necessarily mean that it will happen to you. In any case, the matter is not over. If you are not satisfied with the information available to the mediator, you can contact a divorce lawyer like Matrimonial Home. The expertise of a skilled lawyer will be crucial in that case.

Benefits:

1.Discretion is guaranteed

So, the first thing that makes people choose this procedure is privacy. Most people would be uncomfortable with a divorce going through the court system. The reasons are different, but each is related to public records during the process. On the other hand, the mediator will conduct private conversations and will not share them with the public.

2. Mediation costs less than a traditional divorce

Source: moneycrashers.com

The next thing that attracts a large number of people is saving. You can save on this because, unlike the traditional procedure, a mediator involves only one lawyer. It is the mediator himself. This means a lot to couples because they will not have to pay their lawyers. Once you have decided on a consensual divorce, you will surely be able to reach a fair compromise and you do not need more lawyers who cost a lot.

3. Reduced tension

As you know, divorces are mostly stressful. Couples will never be completely comfortable and there will always be some tension. Imagine how much stress that would be with public records, lawyers and litigation. That is why mediation is the right choice for all those who do not have to go through it. Above all, it is a much more informal process that seeks to reach a compromise. Such an environment is much less stressful for couples.

4. Date flexibility

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As we have already said, mediation is in many ways different from the traditional process. Thus, more informal terms also represent date flexibility. This means that couples have the ability to adjust the chronological sequence to their obligations. They can decide on a certain pace of the process, because unlike the court, dates do not have to be reserved here. Therefore, they do not even have to wait that long. Mediation takes place in the  office and the whole procedure takes much shorter compared to the court process.

Conclusion:

Divorce can be very awkward. Couples who have a family know that best. When this situation arises, they will have a lot to say to each other through legal means. This mainly refers to many issues on which they will have to reach an agreement. That is why this is a procedure by which many have managed to come to an agreement.

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