Addressing myths surrounding mediation in divorce

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Divorce Mediation on Monday, October 12, 2015.

When couples in Calgary decide to divorce there are many factors that motivate them. Some want to get through the process as quickly as possible, others to get through the process without spending too much money. People in this situation could find that mediation is a good process option to pursue. While this may be the case there is a lot of misinformation out there regarding the process. In this post we will discuss some of the myths that exist.

The first is that someone can obtain a good end result in a divorce without the assistance of professionals in the legal field. They may assume that they can all of the information they need regarding a matter tied to a divorce, by just searching the internet. While it is possible that some information can obtained via this approach, it is not necessarily reliable and could be incorrectly interpreted by someone without a legal background.

Second, some believe that high net worth assets couples should litigate the matter in a courtroom. While that approach could be used, it may not be the best. Litigation often has a negative impact on communication between the spouses. If children re involved this could be particularly problematic. A mediator is often better equipped to handle matters of this nature. In addition, they can bring in outside experts to help resolve issues, as needed.

Next, some believe that in the course of the process a mediator will pick one party and side with that individual. Instead, a mediator helps the couple reach their own decisions on matters. Along those same lines, there are some who think that for a mediator to be good at what they do they need to be a former judge or lawyer. This is not necessary.

Last, there should not be an assumption that a mediator will decide to side with the party who is his or her own gender.

For couples that are able to get past the animosity they feel toward each other, mediation could lead to a positive resolution of divorce matters.

Related Posts: Understanding the basics of divorce mediation, Divorce mediation could help sort out financial issues, The good divorce, How To Keep Your Divorce Out Of Court: The Benefits Of Mediation