5 California Divorce Mediation Myths

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsDivorce mediation is one phenomenon that has seen a steady rise in the eyes of the masses, with a large number of people retorting to mediation as a solution to their problems. With the increasing number of people turning to mediation, there are also a few myths that have started to try and influence the minds of would-be users of this service. There are a whole host of myths that are trying to create misconceptions with respect to the process of mediation. Here are 5 such myths.

Myth 1: There Is No Choice For A Complex Divorce But To Go Through Courts

This is one of the most common myths that have started to take shape about Orange County divorce mediation. This myth, however much like the others on the list, is far from the truth. In reality, any divorce case that can be heard in court can be settled out of court. This includes even those divorces that can be categorized as complicated because of the financial issues that are at play. Orange County divorce mediators are more than capable of solving these issues effectively and at a fraction of the cost litigation would.

Myth 2: Mediation Does Not Work For Women

Women are equally successful in terms of Orange County divorce mediation as men are. This myth mentioned above is created because of two common misconceptions that people have. One of them is that women are emotionally not fit for negotiations, and the second that they have a lack of knowledge on financial issues. This, however, is far from reality. Women are able to conduct themselves well in mediation proceedings and the presence of the divorce mediator makes sure nobody is taken advantage of.

Myth 3: Mediation Means Getting Less Settlement

In reality, contrary to the myth that has been portrayed, couples in Orange County over the years have been seen to have similar settlements irrespective of whether they go to court or not. California is a state where community property is split in 50/50 between the two spouses. Mediation, however, allows the parties to exercise their free will and divide the assets as they wish between each other, not strictly adhering to the 50/50 separation principle.

Myth 4: Mediation Is Always The Best Option

This is important to understand. While it is true that mediation is one of the most effective dispute resolution methods, there are some instances where mediation is not appropriate. Here are a few of those situations:

  • In cases that involve physical violence against either of the spouse
  • Where the judgment of either party is in question due to substance abuse
  • Where spouse in reluctant to declare assets

Myth 5: The Best Place To Fight For Kids Is The Courtroom

If parents go to court, they will pull out all their stocks and raise a bitter, emotionally sapping war against the other to gain the child’s custody. This, however, is not the most appropriate thing to do. The bitterness and the hate created through this process is likely to damage the children forever. The best way for parents to decide child custody issues is through Orange County child custody mediation.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”