MISCONCEPTION: If my spouse and I aren't talking to each other, mediation won't work.
REALITY: Some couples mistakenly believe that mediation won't work for them because the emotional discord between them negatively impacts their ability to communicate effectively. We recognize that many couples are unable to communicate on their own. Mediation provides the opportunity to successfully resolve family issues in ways that the couple has not done before. By guiding and facilitating dialogue, gathering information and clarifying issues, our mediation team guides the couple throughout the entire process, allowing the couple to determine their own best interests after becoming informed about all the available options.
MISCONCEPTION: If I go to court and the judge hears my story, I'll get a better result than if I mediate.
REALITY: It's natural for each person to feel that he or she has been wronged and that a judge will "make it right." Some people believe that a trial will allow them "to be heard" and that a judge's final orders will be fair and complete. Mediation, however, allows both parties to talk, to present their issues, to listen, to discuss and make decisions on the issues they feel are important, and to come to their own decisions.
MISCONCEPTION: If I use a divorce mediator, I won't be able to use a divorce lawyer.
REALITY: As part of the mediation process, couples may meet separately with their respective attorneys to review their legal rights and obligations and to review their Memorandum of Understanding before it becomes a final court order. We encourage the couple to consult with their attorneys whenever they feel a need to do so. We believe that informed parties make better agreements, and those agreements ultimately endure the test of time, minimizing the likelihood of future disputes.
MISCONCEPTION: If I mediate my divorce, my spouse will "get away with" not disclosing financial information to which I am entitled.
REALITY: Prior to beginning the mediation process, the couple signs a "Mediation Agreement" under which the parties are bound to provide full disclosure of all assets, debts, income and expenses. Each party provides the other with copies of all relevant financial documents.
In some cases, complete financial disclosure may require assistance from outside experts who are chosen by the parties, such as accountants, appraisers, and actuaries. For example, some assets, such as real estate or business interests, may require an appraisal by a certified appraiser chosen by the parties. A certified public accountant's services may also be needed to obtain information about the parties' assets and the effect on each party of the proposed asset distribution and spousal and child support.