The myths about divorce mediation in California

Posted in Divorce Mediation on April 4, 2019

Television is great for fantasy shows. The problem is some people who watch TV take a lot of what they see at face value, including what happens during the divorce process and what divorce mediation entails. California residents should know that there are a few myths perpetuated by TV dramas and movies regarding divorce. The first inaccuracy is that a divorce mediator will tend to favor the spouse who appears to be more dominant.

Another misconception is that lawyers may not be a part of the process and can’t protect their clients during mediation. Lawyers can provide a client with direction, review any potential decisions made and generally make sure a client’s best interests are taken care of. When individuals partaking in the mediation process believe the mediator will ensure a positive outcome that is fair for both parties, they are mistaken. A mediator helps the two people make those important decisions and does not have a vested interest in the way a final agreement looks.

Finally, the belief that mediation is always better than heading to court is also not true. Some situations cannot be rectified by mediation. Instances when abuse or violence is part of the scenario wouldn’t benefit from mediation, nor would situations where one spouse is suspect of hiding assets. When there is no hope that a case can be resolved amicably, litigation may be the way.

A California family law attorney can provide clarity on the divorce mediation process. After reviewing cases on an individual basis, a lawyer may be able to offer advice as to whether divorce mediation might be a good fit for a client’s situation. Clients who consult with their attorney before and during divorce mediation may better understand their legal positions.