There is a common notion that all divorce cases need to go to court. This is not always accurate. In fact, most couples try to avoid trial and seek simpler, alternative methods for settling their divorce agreements out of court.
If you and your spouse are considering mediation but are having doubts regarding the process, here are three common misinterpretations about it that you may find valuable to learn:
Misconception #1: It is expensive
Not really. Divorce mediation services offer a quicker and less expensive way of aiding couples with their ongoing disagreements on key issues like property division, child custody and financial settlements.
By facilitating a neutral ground of discussion, the couple can freely express their disagreements and settle with an approach that works best for them. Not only does this method help minimize court expenses and legal fees, but it also provides the couple with privacy.
Misconception #2: It is not legally binding
Since divorce mediation is overseen outside of court, couples often assume that the agreements are also settled informally. This is not true. When spouses can reach a resolution through their mediation sessions, their legal counsel reviews the settlement agreement and submits it to the court.
Just like any other type of contract, this agreement becomes legally enforceable after a thorough assessment and approval by the court.
Misconception #3: It is decided by the mediator
Another common misinterpretation about mediation is that the mediator decides the outcome. This is false. Mediators are third-party facilitators that do not have the authority to provide legal advice or approve an agreement.
Their role is to provide neutral ground for the couple to voice their respective concerns. By listening to them without bias, they are able to assist the couple into coming up with their own settlement terms. Once every dispute has been resolved, the couple makes the final decision together.
Empower your choices
Not all divorcing couples require a trial. By gaining insight into the mediation process and debunking the common myths that surround it, you can be more in control of your decisions and divorce settlement preferences.