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Mastanduno Law Group June 17, 2021

Common Divorce Mediation Myths Dispelled

Though many people believe that divorces have to be contentious, this is not always the case. The divorce process does not always have to involve two parties arguing about child care, alimony, property division, and child support in court. Instead, these family law issues can be resolved through mediation.

What Is Mediation?

A mediator sits with both parties and works out a separation agreement that covers all the family law issues that pertain to them, finances to child custody. The mediation process is quicker, confidential, less animus, and less expensive than litigation.

Is Mediation Right for Me?

One of the main reasons couples hesitate to use mediation to resolve their divorce is because they are not on good terms with their spouse. Since they are not on amicable terms, couples believe they cannot negotiate with one another. However, this is precisely what the mediator does- he or she helps couples negotiate and stay on track with having productive conversations. The mediator also helps couples make fair and reasonable decisions.

Though couples believe that the mediator will force them to get back together again, this is not the case. A mediator’s job is not to act as the couple’s therapist—it is to help couples split in a fair and reasonable way.

Mediation is not the best option for everyone, especially if there was emotional and physical abuse involved in the marriage or a spouse is hiding assets. Additionally, if mediation is not working at any point during the process, couples may find it easier to stop. Since every marriage is different, every split is different. An experienced attorney can discuss one’s options with them to ensure that they are getting the outcome they deserve.


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