• Myths about Mediation in divorce

Myths about Mediation in Divorce

When researching mediation in divorce, don’t believe everything your friends tell you or what you find on the internet! There are many myths about divorce mediation circling throughout the web. Below are 5 common myths about California mediation in divorce .

Mediation Myth #1: Men Fare Better than Women Using Mediation in Divorce

This is not true. Under some circumstances, women can find themselves at a disadvantage during the divorce process if they were not involved in handling marital finances. It is not uncommon for wives to financially depend on their husbands and not handle nor have any in-depth knowledge of the financial  matters during their marriage. Some women in this situation may likely settle on the division of assets because they are unaware of hidden assets.

“My wife and I were referred to A People’s Choice by our mediator to prepare the divorce paperwork after we reached our settlement. This made our divorce process so easy!” P. Stoffer
“Not only did we save ourselves thousands of dollars using a mediator to resolve our issues, we saved thousands using A People’s Choice for the divorce paperwork!” P. Stoffer
“Using the combined services of a mediator and the document preparation services of A People’s Choice was a great way to get our divorce completed without breaking the bank” P. Stoffer

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Fortunately, there are several legal tools women can use (and men) to discover hidden assets. A spouse can subpoena bank accounts to review cash flow and discover unknown income. Once discovery is completed, both spouses can attend mediation in divorce to reach an agreement on how marital assets will be divided. Hire a mediator that will not side with either party regardless of gender or sexual orientation (LGBT couples). This will help make sure there is fairness and equality in settling outstanding issues.

Mediation Myth #2: In Mediation, One Spouse Can Intimidate the Other

FALSE! During mediation in divorce, both spouses are given a fair advantage to present their viewpoint. An experienced mediator knows how to keep a balanced discussion between divorcing spouses. A balanced approach allows both parties to equally address their concerns. One of the biggest advantages to divorce mediation is that the two people learn how to communicate post-divorce. Mediation in divorce is not about one person having advantage over the other. Rather, both spouses should have an equal say and be able to discuss their concerns. Have confidence that your mediator will keep things fair and neutral.

Mediation Myth #3: Mediation is Only for Couples That Want to Get Back Together

Mediation in divorce is not counseling. Divorce mediation is used to strengthen and facilitate communication between spouses to help settle divorce issues. The reconciliation of the marriage should not be discussed during mediation. Unresolved divorce issues will be the topic at hand.

Mediation Myth #4: Mediation in Divorce is Impossible if Spouses Aren’t Speaking to One Another

It is a fact that most couples going through divorce do not communicate well with one another. For this reason, mediators are trained in alternative dispute resolution and are knowledgeable in working with hostile couples. Keep in mind, you and your spouse must communicate with one another for mediation in divorce to work.

Mediation Myth #5: Complex Divorces Must Be Resolved in Court

Any divorce that can be heard in court can be mediated. Not all complex divorces have to end up in court. Even the most complicated financial issues can be worked out with a mediator.

Contact A People’s Choice for more information about combining divorce mediation services and our legal document preparation services for the divorce paperwork. A People’s Choice can recommend several mediators with whom our office regularly works with that are reasonable in price and effective in helping couples resolve their issues. Mediation in divorce and our legal document preparation services is a cost-effective and easy way to complete the divorce process, even for couples who may have complex issues. Call us at 800-747-2780 for more information.

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By | 2018-01-18T15:46:33+00:00 December 6th, 2016|Family Law|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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