When facing the end of a marriage, navigating the divorce process can feel overwhelming. Divorce mediation offers a more peaceful and cost-effective resolution. However, misconceptions surrounding divorce mediation often cause hesitation. In this blog, Jacobson Family Law addresses some of the most common myths about divorce mediation and shed light on the truth behind them.
Myth #1: “Mediation is Only for Amicable Divorces”
One of the most common myths is that mediation only works if both parties are on good terms. While it’s true that mediation can be smoother when there’s cooperation, it is also designed to resolve conflicts even when communication is strained. Mediators are trained professionals who help guide difficult conversations, focusing on constructive solutions rather than rehashing old arguments.
Even couples who are experiencing significant conflict can benefit from mediation as long as both parties are willing to participate in the process in good faith.
Myth #2: “The Mediator Will Decide Who Wins”
Many people confuse mediation with arbitration, where a third party makes binding decisions. In mediation, the mediator’s role is not to decide the outcome but to facilitate dialogue between the spouses, helping them reach a mutually agreeable resolution. The mediator remains neutral and does not take sides or offer judgments.
In mediation, you and your spouse control the decisions and the final agreement. This contrasts with court, where a judge who knows little about your family makes binding decisions for you.
Myth #3: “Mediation is Not Legally Binding”
Some believe that mediation agreements are not enforceable. In reality, once both parties have reached an agreement in mediation, it is put into writing and can be submitted to the court. When approved by the judge, the agreement becomes legally binding, just like any other divorce settlement.
This process allows couples to avoid lengthy court battles while ensuring their agreement is upheld by law.
Myth #4: “Mediation Favors One Spouse Over the Other”
A common misconception is that mediation may favor the spouse who is more assertive or knowledgeable. However, the mediator ensures that both parties have an equal voice during discussions. Mediators are trained to recognize and address imbalances in power dynamics, ensuring that both parties have the opportunity to express their concerns and desires.
In cases where one spouse feels intimidated or overwhelmed, mediators can offer additional support or recommend individual legal representation to ensure fairness throughout the process.
Myth #5: “Mediation is More Expensive Than Just Going to Court”
Divorce mediation is often far more cost-effective than litigation. While mediation does have associated fees, the overall cost is usually much lower than a drawn-out court battle. Court costs can quickly add up with attorney fees, expert witnesses, and lengthy proceedings.
Mediation is generally quicker than litigation, meaning fewer billable hours from attorneys and a faster resolution—resulting in lower overall expenses for both parties.
Divorce mediation is an effective and often less adversarial way to resolve the many issues that arise during the end of a marriage. While myths about mediation can cause hesitation, understanding the facts can help you make informed decisions about the best approach for your situation. If you have further questions or are considering mediation for your divorce, contact Jacobson Family Law at 443-741-1147 to discuss your situation in detail with an experienced Maryland Divorce Attorney, or book your appointment online.
