Concerns about Mediation
Mediation is not something most people are familiar with or fully understand. When people want to get a divorce they right away jump into adversarial mode, and forget there are simpler solutions to separating from their partner than going to court. The following are some general questions most people have about the mediation process: - Does mediation allow either spouse to dominate the other? A certified mediator should and must pay close attention to dominating behavior during mediation sessions. A mediator who is not paying attention to this, nor does nothing to perfect any imbalance should and must be removed from the mediation process.
- Does either sex have an advantage in the mediation? Myths exist all over the place regarding this question. Unless the mediation is mandatory (court ordered) the reality of a mediation that it's not binding on anyone. If either party, male or female, feels slighted, they can choose not to sign the agreement. Neither the mediator, nor the opposing spouse can force you to sign anything. Even in the mandatory situation if either spouse feels bullied they can complain to the judge.
- Is mediation more complicated than hiring a lawyer to just do a plain old divorce? The reality of mediation is that nine times out of ten it is simpler and much less time consuming than divorce proceedings. Both a divorce and mediation do take time, but due to the lack of restrictions and formalities on the mediation process, the entire process really is streamlined.
- Does mediation take longer than divorce proceedings? Statistically, mediation almost always takes less time than litigating a divorce even if you and your partner are able to settle out of court.
Do I Need a Lawyer for Mediation?
Lawyers who support and understand mediation can help mediating spouses out a lot. A good lawyer should be able to inform you of your legal rights and options, assist you with ideas and pointers for negotiations, assist you with formulating settlement ideas, and prepare final divorce paperwork once the mediation agreement is signed. |
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