We’ve previously covered the benefits of mediation, which often proves to be a better solution for divorcing couples than a traditional divorce in California. However, there are a few risks inherent with this process, and some choose to avoid mediation altogether. While exercising caution is wise when it comes to family law, mediation offers tremendous advantages that often overshadow any risks or potential complications.
To help highlight this, we’re busting some common myths and fears that we hear regarding mediation in CA. Of course, every situation is unique and you should seek specific counsel from a qualified attorney if you have more detailed questions. That said, here are some common myths about mediation that don’t stand up to scrutiny.
Mediation Isn’t Worth it if You and the Ex are Fighting
This myth sounds logical, especially considering the collaborative nature of mediation. The process consists of both parties working together to come to a resolution that is mutually agreeable. However, keep in mind that mediation is inherently a neutral context where a mediator helps facilitate discussions between all involved parties. Even when things are contentious, it’s possible to still work together with the assistance of the court’s guidance.
Mediation Will be Stacked Against You if the Ex is Better at Negotiating
When people think of negotiations, they picture opposing parties arguing and objecting in a heated exchange. These negotiations are often depicted with a clear winner or “champion,” but mediation in the real world is a very different affair. Mediators navigate the process in a neutral manner, where cooperation and mutually-beneficial arrangements are encouraged.
Mediators Might Display an Unfair Bias Towards Your Ex
Some people fear that the so-called neutral party will actually form a bias against them, placing them at a serious disadvantage during mediation proceedings. This is simply not true due to one major fact: mediators themselves have no authority over the outcome of your divorce. This is ultimately up to you and the family law courts, and mediators simply walk you through the process of helping involved parties come to an agreement.
Talk to a Family Law Attorney Today
As this discussion illustrates, mediation is a much more organized and formal process than many assume. If you’re getting a divorce in CA, it is worth your time to speak with an attorney and explore your options regarding mediation or other alternative forms of dispute resolution. Even in cases where mediation is entirely off the table, you’ll still want to have a qualified divorce attorney on your side to help protect your interests.
Call the White Oak Law today to connect with a team of legal experts who are standing by to answer all your questions regarding family law in CA. You can call us at 925-271-0999 to schedule an appointment at your earliest convenience.