These five misconceptions may give you an idea of whether to pursue this method of divorce resolution.
1.) My spouse and I need to come with agreements to the mediation
Truth is: Mediation is a process where needs are identified, topics are discussed/not argued, options are generated and smart decisions made. No agreements are necessary at the start of the process; just an agreement to disclose, discuss and decide.
2.) Mediating as a way to divorce will take a long time.
Truth is: The entire Mediation process generally take a matter of a few months unless the parties wish it to be quicker or longer; compare to 1 year plus for the traditional court representation/litigation process.
3.) Mediation will be expensive.
Truth is: Our average mediation for a couple with children, asset/liability and cash flow (child support, alimony) discussions is (4) two hour sessions plus court document and divorce agreement preparation for under $5,000 it total; compare to our average representation/litigation, case which costs approximately $20,000 per person.
4.) After we are finished with mediation, we will need lawyers to draft the documents.
Truth is: If you mediate with a mediator who is also an attorney, your divorce agreement and all other necessary court documents are prepared for you by this attorney; compare to mediating with a non-attorney that is not able to prepare these requiring you to retain yet another professional.
5.) I/we will not be able to speak to outside experts to consult with.
Truth is: Mediation is an open process and consulting with outside professionals is encouraged if the parties wish to seek legal, financial, insurance and child related opinions.