Mediation is a popular alternative dispute resolution method in divorce cases, offering couples a more collaborative and less adversarial way to resolve their differences. Our divorce lawyer in Wheaton Illinois, at The Law Office of Tania K. Harvey, is a trained and experienced mediator. Request a consultation today by calling 312-803-5845.
Mediation can help result in a win-win for both parties ensuring that you can move forward and maintain a civil relationship, so you can work together personally or professionally. There are several myths surrounding mediation that can deter individuals from considering this beneficial process. In this article, we debunk common myths about mediation in divorce, providing insights backed by statistics and research to help individuals understand the reality of this effective approach.
Myth 1: Mediation is Only for Amicable Couples
One prevalent myth about mediation is that it is only suitable for couples who get along well and can easily reach agreements. In reality, mediation is designed for couples facing various levels of conflict and disagreement. Mediation can work for many if not most divorcing couples, even ones who have hard feelings and lots of issues to resolve.
According to data from the American Bar Association, over 70% of couples who engage in mediation are able to successfully resolve their divorce-related issues, regardless of their initial level of conflict (ABA, 2021). When a couple is committed to ending the marriage on a positive note, they are more likely to make divorce mediation work. As a divorce lawyer in Wheaton Illinois, we have helped mediate the divorce process for many couples and do everything we can to make sure long term goals are met by the agreement reached.
Myth 2: Mediation Always Leads to Compromises
Another misconception is that mediation requires both parties to compromise on their interests and goals. While compromise is often part of the negotiation process in mediation, the primary goal is to find mutually acceptable solutions that meet the needs and priorities of both individuals. Research published in the Journal of Family Psychology shows that 93% of individuals who go through mediation report being satisfied with the process and the outcomes (Lamb & Peterson, 2012).
Myth 3: Mediation is Less Fair than Litigation
Some individuals believe that mediation sacrifices fairness for the sake of speed, leading to inequitable outcomes. However, studies have shown that mediation not only tends to be more time-efficient than litigation but also results in fairer agreements that better meet the specific needs of both parties. The Journal of Marriage and Family reports that over 80% of couples who choose mediation are more likely to adhere to their agreements long-term compared to those who go through court proceedings (Corcoran & Johnson, 2015).
At The Law Office of Tania K. Harvey, the problem we have seen with litigation, is that a random judge, who does not know you or your family, is making the final decisions about how your lives will look in the future. This can make one or both parties very angry because the outcome doesn’t benefit the family. That is why mediation is more satisfying for divorcing couples. They are empowered to make decisions about what their futures hold and our divorce lawyer in Wheaton Illinois is here to help make that happen.
Myth 4: Mediation is Only About Emotional Resolution, not Legal Protection
A common myth is that mediation focuses solely on emotional resolution and lacks the legal safeguards provided by the court. While mediation does promote emotional healing and amicable communication, legal protections are also embedded in the process. Family law professionals who specialize in mediation ensure that all legal requirements and financial considerations are addressed, leading to comprehensive and legally binding agreements (Daly & Cunningham, 2017).
Once an agreement is reached and a formal document is crafted, each party does have the legal right, in Illinois, to review the agreement and consult with their divorce lawyer in Wheaton Illinois. This step ensures that all parties are satisfied with the outcome and further negotiations do not need to happen. The Marital Settlement Agreement (MSA) outlines the terms the parties have agreed upon and once the document is signed the MSA will be taken to court to make it official. Typically, the court will accept it and enter a judgment for Dissolution of Marriage.
Myth 5: Mediation is Expensive and Inaccessible
Contrary to popular belief, mediation is often more cost-effective and accessible than traditional litigation. Data from the Association for Conflict Resolution indicates that mediation can reduce divorce costs by up to 60% compared to court proceedings, making it a practical option for couples seeking a more affordable resolution (ACR, 2020).
Our divorce lawyer in Wheaton Illinois is a trained mediation professional and will help you resolve your divorce amicably.
Dispelling the myths surrounding mediation in divorce is essential for individuals considering this alternative dispute resolution process. By debunking common misconceptions and highlighting the benefits of mediation, couples can make informed decisions that lead to more collaborative and satisfactory divorce outcomes. Statistics and research consistently demonstrate the effectiveness of mediation in achieving mutually acceptable agreements, reducing conflict, and promoting long-term compliance with settlement terms.
If you are navigating a divorce, exploring mediation as a viable option with the assistance of skilled mediators can facilitate a smoother and more empowered resolution that prioritizes your interests and well-being. At The Law Office of Tania K. Harvey, our divorce lawyer in Wheaton Illinois has extensive experience facilitating the mediation process. Contact us today for a free consultation.