Another Five California Divorce Mediation Myths

By Gerald A. Maggio, Esq.

Top Divorce mediation attorneys Orange County; California Divorce MediatorsThis blog is a continuation from the previous blog titled Five California Divorce Mediation Myths. Here is a list of five other mediation myths that mislead people with respect to mediation.

Myth 6: I Have To Always Be In The Same Room As My Spouse

This is another one of the common misconceptions and myths that people continue to have with respect to mediation. The mediation process works best when both of the spouses are talking to each other face to face in the presence of an Orange County divorce mediator. This sometimes however cannot be the case because of a prevalent sense of bitterness between the spouses. In cases such as this, mediation allows for the spouses to talk to the mediators separately and for the mediator to act as the communicator between them.

Myth 7: A Mediator Will Force Me Into Saving My Marriage

This misconception is rooted in the concept of mistaken identity. Most people think of Orange County divorce mediators and the mediation process as therapists and therapy sessions. While the job of therapists is to help ease the issues between the spouses and motivate them to continue their marriage, this is not the case with mediators. Mediators are tasked with channeling the post divorce agreements between the parties and to assist them when needed.

Myth 8: No Expert Consultations Are Allowed In Mediation

Mediation is a process that has been primarily developed to help the parties and facilitate their divorce process, free from the problems that litigation courts pose. This is why the above myth is nothing but wrong. Orange County divorce mediation has no such ban on the use of experts such as accountants, realtors, and tax consultants etc. Mediation is a process that gives the power in the hands of the spouses, and therefore they are able to do as they seem fit in the process.

Myth 9: The Mediator Will Give Me Legal Advice, Not A Lawyer

There is a difference between legal advice and legal information, and an Orange County divorce mediator is likely to provide you with the latter. Legal advice are actually concerned with increasing the spouses’ information with respect to legal matters. The role of the mediator, however, is not meant to replace the advice of a lawyer.  Divorce mediators often allows their spouses to get their mediations agreements checked by family lawyers.

Myth 10: A Spouse That Is Intimidated Will Be Not Get The Mediation Process To Work

Divorce mediation is perceived to be a process that has little or no power of enforceability in its own. This, however, is far from the truth. Mediation is an empowering process that not only holds power it to be enforced in courts; it is also a process that allows the spouses to be empowered, which allows spouses that are scared or intimidated of their spouses to exercise their own free will.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”