Divorce Mediation Myths Exposed

Divorce mediation is a popular alternative to traditional litigation, but several misconceptions surround the mediation process. From the role of a mediator to the suitability of mediation for various financial scenarios, these myths can create confusion. In this post, we'll expose and clarify the most common divorce mediation myths, specifically focusing on Wisconsin's legal landscape.

Myth 1: Mediation Means One Attorney for both sides

Representing both spouses would be unethical.  The mediator is neutral and does not represent either spouse, unlike in traditional litigation. The mediator will provide education and guidance to assist the couple in building their final resolution within the context of Milwaukee and Wisconsin law. However, the mediator cannot give legal advice and does not appear in court.

Learn more about the mediation process.

Myth 2: A Mediator won’t tell me anything about the law that I can’t find on the internet

The law is complex and can be interpreted in different ways.  It is important to understand current impact and discuss future consequences in the context of Wisconsin's specific legal environment. Opinions and articles on the internet are not always accurate and do not delineate the differences in state laws. A Wisconsin lawyer mediator can explain the law, support fully informed decisions, and assure proper steps are taken to implement legal agreements.

Myth 3: A Mediator will decide for us if we cannot agree

The mediator cannot tell you what to do or make decisions for you — only a judge or arbitrator can do that. The mediator's role is to facilitate communication, not dictate outcomes.

Myth 4: Couples with a high net worth or financial complexities do not benefit from using Mediation

Though couples with a high net worth can afford litigation, they may actually benefit more from mediation.  Mediation can involve a neutral financial specialist to help jointly address values, tax effect and allocation options for assets and income. This helps both parties understand and discuss financial settlement options rather than hiring separate lawyers and dueling financial experts to fight over values and final divisions in court.

Learn more about divorce mediation costs.

Myth 5: Mediation will not work for couples who disagree on issues

The only issue the couple must agree on is a resolution to educate themselves and commit to mutual communication and joint effort to resolve issues outside of court. Even if disagreements exist, the mediator guides the process towards a resolution that works for both parties.

Myth 6: I’ll Get less than I’m entitled to if I don’t have an attorney

What each party is ‘entitled to’ varies depending on different interpretations of the law. Mediation helps spouses reflect on and satisfy their needs and interests rather than focusing on entitlements/positions that distract from their end-goal.

Myth 7: Mediation is always the best process

Mediation is not appropriate for all cases.  High conflict, mental health issues, safety concerns, or refusal to participate in full disclosure may prevent productive outcomes in mediation. Mediation is a voluntary process. If either of you decides that mediation is not working for any reason, you always have the option stop mediation and pursue a traditional divorce process.

Learn more about the different divorce processes.

Have Questions About Divorce Mediation? We’re Here to Help

Divorce mediation myths can easily lead to misunderstandings about the process. By better understanding the truth behind these myths, couples can make more informed decisions about whether mediation is the right path for them.

Need expert guidance on divorce mediation in Wisconsin? Contact Family Mediation Center today for a personalized consultation on your unique situation. We are here to help you navigate through the myths and realities of divorce mediation.

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