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Resolving disputes creatively

Some myths in the divorce mediation process-Part I

Facing divorce can be one of the most difficult things a person can face in his or her life. The person may feel overwhelmed and plagued by questions. Is litigation the best solution or should divorce mediation be utilized? When should the divorce process be initiated? What the future going to look like? Typically, mediation can help divorcing parties save time, money, and negative animosity.

A person may still be unclear regarding why divorce mediation is so beneficial. If mediation is so great, why doesn't everybody choose it? One reason may be that there are a lot of myths about mediation floating around. The first myth is that if a person hires a divorce mediator, he or she cannot hire an attorney. That is not true. All parties to a mediation can, and are often encouraged, to obtain legal representation.

The second myth associated with divorce mediation is that the first step is to serve the divorce papers to the spouse. The fact is that a person may work out the details, file the relevant papers in the court, and make a request for divorce mediation. That means that a spouse will be saved the embarrassment of being served divorce papers at their workplace or home.

There is also another myth associated with divorce mediation. Sometimes, spouses believe that they have to resolve all issues associated with a divorce through the mediation process. This is not the case either. Those issues can be resolved over time, which may alleviate some of the pressure. In the end, mediation is a very real option for those going through divorce, and one that should be fully contemplated.

Source: The Huffington Post, Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce, Diane L. Danois, May 10, 2013

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