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Divorce Mediation Myths: Debunked

Divorce Mediation Myths: Debunked

When divorcing spouses cannot agree to divorce terms on their own, they often turn to California divorce courts to make those decisions. Unfortunately, divorce courts are not always the best option for deciding divorce matters. Mediation is sometimes a better alternative to divorce litigation, but there are myths about mediation that sometimes make couples skeptical of the process.

California divorce mediation attorney Bruce A. Mandel knows that mediation is often beneficial for divorcing spouses and their children. When successful, mediation can save time, expense, and stress-related to divorce litigation. If you are considering divorce in California, divorce mediation may be right for you. See below for common myths associated with divorce mediation, and to learn more about how mediation may make your divorce process easier.

A Mediator Will Decide The Outcome Of My Divorce Terms

This is not true because the mediator does not make decisions, and the results of mediation are not binding until couples enter into a settlement agreement. Mediation gives you more input about your divorce terms than divorce litigation. The mediator will help you and your partner through negotiations, but in the court system, a judge will listen to arguments from each side and then make decisions without any settlement discussions.

Mediation Will Add To The Time And Expense Of My Divorce Proceedings

Many divorce issues may need to be settled before you can finalize your divorce. If you and your partner can agree to some of those terms in mediation, there will be fewer decisions for the court to make. Mediation is less expensive than divorce litigation, and the more terms you can agree to before litigation, the more time and expense will be saved from a court trial.

I Will Have To Make Concessions I Do Not Want To Make

In part, this may be true because mediation is about compromise, and both parties usually have to give a little to get a little. However, you do not have to agree to make any concessions that you are firmly against, and most people would agree that choosing which terms you give into and which terms you don’t is better than having someone decide them for you.

I Do Not Need An Attorney For Divorce Mediation

A mediator is a neutral third party who is meant to help you and your partner agree to divorce terms. You do not have to have an attorney to participate in mediation, but it is important to understand that the mediator will not be on your side and will not protect your rights. For this reason, we always recommend that you have an experienced legal advocate to make sure that the terms you agree to are fair and in your best interests.

Divorce Mediation Will Not Help When My Spouse And I Are On Bad Terms

Mediators are trained to work with spouses to resolve their disputes, even when there are a lot of emotional conflicts. Mediation is not meant to improve your relationship with your spouse, but it is meant to help spouses come to agreeable terms, regardless of their feelings and emotions. Mediation can be successful, even when you and your partner do not get along.

California Divorce Mediation Attorney

If you are seeking a divorce in California and want to learn more about settling your divorce outside of the court system, divorce mediation attorney Bruce A. Mandel can help. Contact us online or at 424-250-9130 to discuss your case and divorce procedures and options. Follow us on Facebook for information and updates about California family law.