Divorces are difficult, complex and often cause emotional distress–there is no denying that fact. Every divorce is unique and has many issues to sort through and usually requires the help of a third party. Mediation has become known as one of the most highly effective tools for coming to a divorce settlement. In fact, the state of Minnesota actually requires couples to make a good faith effort at mediation before beginning the traditional litigation process.
However, there continue to be many common myths about divorce meditation that you may have heard or believe to be true. Before you decide whether it is an option you should pursue, read on to make sure that you have the facts:
- Myth: Mediation perpetuates and existing power dynamic with the couple.
Fact: A mediator is trained to pay close attention to and manage the power dynamic and will use strategies to address the imbalance. If the power dynamic continues, the mediator will stop the entire process.
- Myth: The mediation process favors men.
Fact: Men are at no more of an advantage during mediation than they are going through litigation. In fact, women sometimes find that they have an easier time in mediation as they are able to talk about potential solutions that take non-legal matters into account.
- Myth: Mediation is a longer process than litigation.
Fact: This one is entirely false. Mediation actually takes significantly less time and financial resources than going to court.
- Myth: A mediator makes the final decision about the settlement of a divorce.
Fact: A mediator’s sole function is to facilitate a discussion between the couple in hopes that the couple can come to an agreement that works for them both. The power in this process is truly in the hands of the couple, not the mediator.
- Myth: Lawyers cannot be part of mediation.
Fact: Lawyers can be a very valuable part of the mediation process by counseling their clients about their legal rights and by advising their clients during the mediation process. Also, once the mediation process is complete and the terms of the divorce have been settled, the lawyers involved can process all of the necessary paperwork to implement the plan.
If you are looking for a professional divorce mediator in the Minnesota area, contact AMS Mediation at 1-952-252-1492. We can help with divorce mediation, early neutral evaluation (social and financial), individual divorce and/or parent coaching, or serve as a parenting time expeditor or parenting consultant. We will provide efficient, effective, respectful and non-judgemental support and would be happy to answer any questions that you might have as a part of the process.