Divorce. The word itself can conjure images of tense courtrooms, expensive legal battles, and prolonged emotional strain. But there's another path, a more collaborative and respectful way forward: divorce mediation.
Perhaps you've heard of it, but what exactly is it? Let's clear up some common misconceptions:
Myth 1: Mediation is just therapy.
Fact: While mediation creates a safe space for communication, it's not therapy. A mediator focuses on facilitating discussions and helping you and your spouse reach concrete agreements on the practical aspects of your divorce, such as asset division, child custody, and support. We don't delve into the emotional history of your relationship for healing purposes (though a more respectful process can certainly be therapeutic).
Myth 2: The mediator takes sides.
Fact: A fundamental principle of mediation is neutrality. As your mediator, my role is to be an impartial guide. I don't represent either of you, and I don't offer legal advice or advocate for one particular outcome. My focus is on ensuring a fair and productive conversation where you and your spouse can find solutions that work for both of you.
Myth 3: Agreements reached in mediation are not legally binding.
Fact: While the agreements you reach during mediation are initially documented in a Memorandum of Understanding (MOU), this document is not automatically legally binding. However, the MOU serves as the foundation for your final divorce decree, which is legally binding once reviewed and approved by the court. I will ensure the MOU and any other agreements are clearly outlined so they can be accurately incorporated into your official divorce documents.
Myth 4: Mediation is only for "amicable" divorces.
Fact: While a degree of willingness to communicate is helpful, mediation can be effective even in situations with high conflict. A skilled mediator can help navigate difficult conversations and find common ground. The key is a shared desire to find a resolution outside of court.