It may be said that mediation allows for one spouse to dominate the negotiation and take an unfair share from the other, yet this is a myth. The truth is that a mediator will do their best to create an even balance of power between the two parties in order to ensure fairness. If an imbalance between spouses does indeed exist, the mediator will normally use specific techniques to counter the problem and end the session entirely.
It is also a myth that women specifically may be victims of a disadvantage during mediation, which is certainly not true in any professional mediation. Women may oftentimes even find themselves having better results from mediation as opposed to a divorce court because of the ability to negotiate on a non-legal level in order to satisfy both parties. It is also true that if a woman in mediation finds an agreement unfair or biased, she is able to refuse to sign it and even end the mediation session if necessary.
Mediation Versus Divorce Court
Another myth surrounding divorce mediation is that it is a long complicated process that is better solved by a lawyer in a divorce court. It is important to understand that in both scenarios, court, and mediation, both require decision making and information gathering. Although, divorce court is adversarial while mediation is a smoother type of negotiation. This means that through mediation, two spouses may be able to avoid grueling legal processes which help to streamline the entire process. Many times turning to a divorce court can cost significantly more money than mediation.
It is also a myth that lawyers may not be present or play a role in mediation. The truth is that lawyers are able to help with mediation by assisting their client in ways such as offering settlement ideas, providing insightful information, delivering paperwork needed by their client, and simply advising their client on what they believe will result in the best outcome.
Mediation Versus Arbitration
In an arbitration, the arbitrator has the power to make final decisions regarding their client’s dispute. Conversely, a mediator does not hold this same decision making power and is limited only to assisting in negotiations and helping to move the process of negotiation along at a quick pace and allow for both parties to feel satisfied that they have received a fair result.
Whether or not mediation is the right choice for a divorcing couple is dependent on the couple themselves. Couples who are open-minded and function well when put in a position to negotiate with their spouse during divorce will find that mediation can be very helpful and allow for a smoother process. On the other hand, if a couple is not able to calmly settle their differences because of hostility or past issues, it may be a better choice to go the traditional route and let the divorce lawyers speak for their clients alone.
Contact Roseland, NJ Divorce Attorneys
The decision to end a marriage can be a stressful and emotional time for you and your family. When faced with the choice between mediation and regular court proceedings, it’s best to have a knowledgeable divorce attorney on your side like the ones you’ll find at Nitti & Nitti. They have the experience to help you and your spouse navigate the murky waters of divorce and find the avenue that works best for you. Contact their Roseland, NJ office today to schedule a consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.