Mediation Myths – The Biggest Barriers To A Positive Divorce
You must have surely laughed while reading this blog’s title, or at least an unintentional snort left your mouth. Yes, the words ‘positive’ and ‘divorce’ do not seem to suit each other.
“What could be positive in a divorce?” This question certainly crossed your mind when your eyes landed on the title above. To be honest, we understand that divorce is not a very pleasant or positive phase of any marriage. Undeniably, no sane person would ever wish for their marriage to reach such a point. However, fate often has a cruel way of testing our might and patience. Despite your best efforts to make things work, some circumstances may make a marriage breakdown inevitable.
Although it is painful to see a partner who once promised you the sky and the stars to turn their back on you, you need to hang in there and be strong. Yes, the end of an intimate relationship that you thought would last a lifetime is painful. However, why must you make the divorce process equally as painful for yourself? Instead of blaming each other in front of a judge, why not quietly reach an out-of-court settlement and quickly move as far away as possible from the source of pain?
This is where mediation services come in.
Due to its ability to reach a worthwhile agreement without dragging spouses to court, mediation is becoming quite popular amongst family lawyers and couples alike in Edmonton. However, its very nature is often the reason behind the hesitation that some couples show towards it. Because it is an out-of-court dispute resolution method, many people have doubts about the process. To add fuel to the fire, myths about the process further encourage hesitation.
In light of the prevalence of the myths and the damage they are doing to society, today’s blog will discredit the most common myths about mediation.
Common Myths About Mediation
If you want to wreak havoc in any society, simply spread rumors and false information amongst its people. Misconception and misinformation are the most suitable intangible weapons against prosperity and wisdom. They can easily bring demise to a flourishing nation.
However, when these misconceptions are regarding technical sensitive aspects like law, they are more detrimental. Mediation is an excellent alternative to litigation and saves couples a lot of money. However, there are some prevailing myths that are stoping couples from acquiring these benefits.
Let us debunk some of these myths:
Amicability Is A Must
One of the biggest misconceptions about mediation services is that amiability is a prerequisite for couples to reach an agreement through this process. However, this myth was to be held as true, and mediation would never have gained such popularity. After all, how many people remain amicable to each other during a divorce process? In fact, the reason why a couple indulges in a divorce is that the amiability and understanding on which the marriage stands has crumbled and shattered.
Hence amiability is not a prerequisite for mediation. However, both spouses must agree that they want to pursue a divorce through mediation.
Mediation Is Useless Unless An Agreement Is Reached
Even if a final agreement is not reached, mediation is rarely a waste. In fact, the discussions during a mediation process help each party understand the point of view of the other. As a result, newer and better ways can be devised to resolve conflicts. Moreover, unlike the court’s decision, which is made by a judge and bound by law, the decisions made during a mediation process are completely left to the parties.
As a result, both parties can find areas of compromise and reach a decision on each conflicting item in the best interest of both parties. Of course, other pending issues will need to be taken to court.
Statements Made During Mediation Can Be Used As Evidence In Court
One of the basic characteristics of a mediation process is confidentiality. Unlike a court case trial, which is primarily public, the mediation process demands confidentiality. Thus, none of the parties may use the discussions during mediation against each other in a trial. This is one of the reasons mediation is the preferred dispute resolution method amongst couples.
Mediation Is Rarely A Success
One of the reasons people believe mediation is a waste of time is because they believe parties are unable to reach a decision on their own. However, statistics reveal otherwise. According to the Canadian Institute for the Administration of Justice, some Canadian provinces report a success rate of 80% to 85% in mediation. Hence, mediation is a successful and cost-effective way of dispute resolution.
The Divorce Company
Whether you are looking for an out-of-court settlement or simply require assistance with your divorce documentation, look no further than The Divorce Company. Contact us now to have your matter handled by diligent professionals.
