If you’re getting a divorce, you have options, such as collaborative divorce, a contested divorce, or divorce mediation. For the purposes of this article, we’re going to discuss divorce mediation, particularly the common divorce mediation myths. If you’re thinking, “I may be too vulnerable if I choose mediation,” this information should help you decide what route is best for you and your divorce. See: “What is Divorce Mediation?”
Myth: Mediation Puts Women at a Disadvantage
The family courts have come a long way in the last 20 years. In the past,
courts were historically more likely to favor women in divorces, especially
when it came to
child custody, but much has changed. The family courts are now more gender-neutral than
ever. In reality,
mediation creates an even playing field for both spouses. Even if the wife was a housemaker and her husband knew a lot more about
the couple’s finances, mediation may even help the wife because
the mediator is a neutral third-party, and the mediator has no intention
of “pulling the wool over the wife’s eyes.”
Instead, the mediator’s goal is to help both spouses reach a reasonable and fair agreement. If a woman feels bullied by her husband, or if she isn’t comfortable with the negotiations for any reason, she can end it and ask for a judge to step in.
Myth: Only Wimps Choose Mediation
This couldn’t be further from the truth. When spouses agree to mediation,
they can have a lot more control over their divorce. The loss of control
that occurs with litigation can be very stressful, and that doesn’t
make anyone feel stronger. Before you demand that a judge decides on child
custody and how your marital estate is divided, consider how you might
feel if you do not like the judge’s decision. When you’re
able to maintain control, however long it takes, you can feel empowered
and assured that the divorce agreement reflects what is best for your family.
Myth: Lawyers Stay Out of It
Many divorce attorneys strongly support divorce mediation. Attorneys care
about their clients and they understand they want to stay out of court
and avoid a long, protracted court battle if all possible. To help clients
avoid a contested divorce and save money, they often encourage them to
consider the advantages of mediation.
With mediation, the lawyer informs their client of their rights and responsibilities under Nevada law and helps coach them through the negotiation process. Further, the attorney consults their client as they attend mediation, helping them prepare for the negotiations, and carefully reviewing the proposed agreement before it is signed.
To learn about our divorce mediation services, contact Leavitt Law Firm today.