Mediation offers a faster and cheaper pathway to divorce that eliminates a courtroom battle and keeps decisions about your family and property out of the hands of the court.
Here are three common myths that prevent reasonable people from pursuing marriage dissolution through the mediation process.
1. My divorce is too complicated for mediation
Mediation is appropriate for any divorce case where the spouses are willing to communicate and negotiate. Even high-asset marriages with complex financial, property or child custody issues can result in a fair settlement agreement that benefits both parties.
However, there are some divorce cases where mediation is not appropriate. The court should intervene if:
- One or both spouses are hiding assets during the discovery period
- One or both spouses suffer from substance abuse disorders
- There is physical or emotional abuse within the marriage
2. If we go to mediation, my spouse will win
If your relationship with your ex is difficult, you may have anxiety about entering a collaborative divorce process. It is important to remember:
- There are no winners or losers
- A mediator is not a judge and does not make decisions about your case
- Skilled mediators prohibit intimidation tactics
3. Mediation is for couples who want to reconcile
Mediation is not marriage and family therapy or couples counseling. A mediator will respect your boundaries and will not try to reunite you and your spouse. He or she will work to help you communicate only in regards to the terms of your divorce negotiations.
Before entering mediation or going to court, you should learn about the Minnesota family court process and know what to expect from your divorce case.
