What Are Common Misconceptions About Divorce Mediation?

divorce mediation session

While the popularization of divorce mediation has been beneficial for many divorcees, there have been many common misconceptions about how the process works. In truth, mediation can be beneficial for many divorcing couples, and misinformation can turn many people away from utilizing the practice. Continue reading or contact one of our Divorce Mediation Attorneys in Bergen County, NJ to learn the facts about divorce mediation.

IS DIVORCE MEDIATION EFFECTIVE FOR EVERYONE?

Some people believe that mediation only works for simple divorces and therefore would not be effective for high net worth marriages or couples with children. In fact, divorce mediation has been successfully utilized for many types of complex divorces. While it’s impossible to say that mediation can work for every single couple, it still can be a beneficial tool for many divorces. The key to successful mediation is both spouses’ cooperation in working towards a fair agreement. With an experienced mediator and two reasonable spouses, mediation should be successful.

WHAT DOES THE MEDIATOR DO?

There’s a misconception that a mediator acts like a judge and has the final say in the agreement. In reality, mediators act more like a middleman in settlement discussions. Their role is to guide both spouses through the divorce process but allow them to make final settlement agreements. The mediator will start the process by reviewing all legal documents and then informing the spouses about what they need to keep in mind when deciding on an agreement. During discussions, the mediator will supervise to defuse animosity, answer any questions, and ensure everything that needs to be considered has been discussed.

DO I HAVE TO GO TO COURT IN THE MEDIATION?

As an alternative to traditional litigation, the purpose of mediation is to avoid painful courtroom battles. However, some people think that mediation is not legally binding and therefore you’ll need to go to court anyway. In most cases, you will not need to go to court for mediation. At the end of the last mediation session, the mediator will draw up a legal document finalizing the divorce settlement for both spouses to sign. You’ll only need to go to court if your spouse breaks the agreement. In that case, you could take your spouse to court for a breach of contract.

Are you thinking about divorce or just starting the divorce process? You should consider learning more about mediation with an experienced and compassionate divorce attorney. Our team at Townsend, Tomaio & Newmark LLC is here for you! Contact us today for a free consultation.

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