Divorce mediation is used when a married couple wishes to dissolve the marriage and do so under various agreements. This type of divorce is often less emotional for the parties, and, for the most part, can be conducted outside the courtroom. While divorce mediation is a good option for many couples, it is not for every couple, and there have been some misunderstandings about how the process works.
Here are some facts about Maryland divorce mediation and how it works.
The Issue: Mediation lets one spouse dominate the other.
The Fact: Divorce mediation is not about dominance. It is about negotiating and keeping things in balance. An experienced mediator will pay attention to any power struggle or conflict and bring that up for discussion between the parties. The only reason divorce mediation in Maryland works is because the couple agrees on the important issues. Without this mutual agreement, there can be no mediation.
The Issue: Females can be taken advantage of.
The Fact: Wives are not at a disadvantage during divorce mediation as long as the mediator is experienced and watchful, which most are. There are many times, in fact, when women will get a better deal out of mediation than they would in traditional court. The reason for this is because divorce mediation in Maryland allows each spouse to discuss and negotiate an agreement rather than having the court simply adjudicate a result. It should also be noted that in most cases the woman is allowed to stop the mediation process whenever she wishes. She is also allowed to refuse signing an agreement that she feels is not fair.
The Issue: Finding a divorce mediation attorney is hard to do.
The Fact: This may have been true at one time, but divorce mediation has become so popular over the last few years that it is now possible to find a well-qualified mediator fairly quickly and easily. The divorce mediator should be someone that both spouses approve of and feel comfortable with.
The Issue: Mediation takes longer than court divorces.
The Fact: This is simply not true. In fact, by going through divorce mediation, most couples will save time compared to what it would take a court to do. In court divorces, litigation takes place between attorneys and the judge, not the two spouses. In mediation each spouse is allowed to voice and offer any idea to help move the process forward. This almost always cuts down on the amount of time needed to reach a mutual agreement.
The Issue: In divorce mediation, the mediator decides who gets what.
The Fact: Not true. The divorce mediator has absolutely no power or authority to decide who gets what and what is fair, as long as the mediation takes place within the legal guidelines set up by the state Maryland. It is up to the couple to discuss and decide what the final terms will be, not the mediator.
The Issue: Mediation works for all divorces.
The Fact: Divorce mediation in Maryland can work for many, if not most, divorcing couples if they are willing to conduct themselves appropriately during the sessions. Again, this process is about finding common ground, not fighting tooth and nail over some aspect of the couple’s life. There will be some divorces where mediation is not appropriate, especially if there was a history of abuse, spousal or child, or if there are issues with substance abuse. In these cases, one spouse may feel safer having his or her own attorney speaking for them rather than having to meet face-to-face with the offending spouse.