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Busting Common Mediation Myths


Mediation allows couples going through a divorce to have more control over the process. In most Florida divorce cases, it is also mandatory. During mediation, the spouses meet with a neutral third party mediator to try and come to an agreement outside of the courtroom. Although helpful, mediation is very misunderstood. Below, our Orlando family lawyer explains the biggest myths about mediation, and the truth behind them.

Mediators Make All the Decisions

People think that because they are meeting with a third party, that person will make all of the decisions in the divorce case. This actually could not be further from the truth. The only job of the mediator is to try and foster communication and compromise between the two parties so they can reach an agreement. The mediator does not make any of the final decisions.

Mediation Always Works

If mediation always worked, there would be no need for divorce litigation in Florida at all. When one spouse hides assets or there is a history of domestic violence, mediation is unlikely to work. In fact, when there is history of domestic abuse, a family law judge may waive the mediation requirement altogether.

Mediation Only Works when the Couple Already Agrees

The entire purpose of mediation is to help couples reach an agreement on the terms of their divorce. If the two opposing sides already agreed, there would be no need for mediation. Couples can get an uncontested divorce, in which they do agree to all of the terms. Mediation though, is for contested cases in which the couple does not agree.

Mediation is Not Appropriate for Complex Cases

Divorce cases that involve high net worth, business ownership, or children all have the potential to become very complex. People think that when there are complicating factors, mediation is not an appropriate option. That is not true. Mediation can help resolve many different types of issues during the divorce process, from the simplest to the most complicated.

Mediation Tends to Favor Men

Decades ago, it used to be that men went out to work and controlled the household’s finances while women largely stayed at home to raise the children and take care of the home. Oftentimes, it was the men who were more knowledgeable about the finances. Today, this is simply no longer true. Women go out to work just as much as men, and are also often the breadwinners in the home. Likewise, many men decide to stay home and take care of the children. This means that during mediation, both parties are on equal footing. Additionally, mediation never favors one side over the other, for any reason.

Our Family Lawyer in Orlando Can Answer All Your Questions

Mediation is a very useful tool during divorce, but not everyone understands the process. At Anderson & Ferrin, our Orlando family lawyer can explain the process, guide you through it, and answer any question you may have. Call us now at 407-412-7041 or reach out to us online to schedule a free consultation.

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