Common Misconceptions on Divorce Mediation

When people get married, they usually do it with the idea that it will last for the rest of their lives (until death do us part). Unfortunately, this is not always the case. What can alleviate this difficult and unpleasant situation is divorce mediation. However, many people avoid mediation because they have wrong beliefs. Therefore, with this text, we will try to break down some of the most common prejudices.

Many people think that mediation is effective only when it comes to simple cases. However, in complicated cases, each side has its own lawyer. And each of the lawyers is focused on the well-being of only his client, which can further complicate the situation. The mediator, however, works in the interest of both parties, which enables even the most complicated situations to be resolved for mutual benefit.

Divorce Mediation is only possible when the ex-spouses are on friendly terms

In fact, it is not true. Bad relationships can complicate the process and make it much longer than necessary, due to the negative emotions involved. Therefore, mediation focuses on compromises and solutions that will suit both, and it is not even necessary for two people to be in the same room at the same time.

Does the mediator make a decision? Not at all, because a mediator is not a judge. Mediator’s task is to help each side make a decision and find a common agreement.

It’s not for high-net-worth couples

n fact, in such situations, going to court can take not only a lot of time, but also money spent on legal fees. The focus of the mediator is to find a solution that will suit both, which opens up many more options and possibilities.

Divorce Mediation requires the presence of an attorney

It is also not true. Although the presence of an attorney is not prohibited, in most cases it is superfluous. However, keep in mind that the role of the mediator is to be neutral. If you want specific legal advice, then it is advisable to have an attorney you can turn to.

In addition to these misconceptions, what should also be kept in mind is one very important thing. In order for mediation to be successful, in addition to an experienced and professional mediator, the good will of both parties is necessary to find mutual agreements. Mediation makes no sense if you go with the idea that things will be resolved entirely in your favor. Therefore, before you decide to mediate, you must be ready to make certain compromises.

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Choosing Mediation and Alternative Dispute Resolution Instead of Court

Why Mediation is a good alternative to court filings

Alternative Dispute Resolution (ADR)  generally refers to a wide range of dispute resolution techniques that serve to avoid conflict between parties to a dispute. ADR is increasingly used as a dispute resolution tool alongside the court system. Despite historic opposition to ADR by many prominent parties and their supporters, ADR has grown in popularity in recent years, both among the public and the legal profession.

Indeed, some courts now require certain parties to resort to an alternative dispute resolution method, generally mediation, before authorizing the parties to proceed (the European directive on mediation (2008) which specifically provides for so-called “compulsory” mediation. This means that attendance is mandatory, not that an agreement must be reached through mediation). In addition, many individuals are increasingly turning to ADR to resolve post-acquisition disputes.

More people are choosing ADR to solve personal and business disputes

The growing popularity of ADRs can be explained by the growing number of disputes in traditional courts, the perception that ADRs are less expensive than litigation, the preference for confidentiality, and the desire of some parties to have greater control. on the choice of the individual (s) to settle their dispute. Some high judicial authorities in certain jurisdictions (England and Wales are among them) strongly advocate this use of mediation (ADR) to resolve disputes. Since the 1990s, many American courts have increasingly advocated the use of ADRs to resolve disputes.

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