01 Sep Is Divorce Mediation Scary Without An Attorney Representing You?
This is a question we imagine a lot of individuals have when considering Divorce Mediation. What if your spouse is more intelligent than you on some matters (ie. finances) that surround your divorce? What if you feel overpowered by your spouse? You may be afraid that you’ll be tricked into an agreement that benefits them more than it benefits you. Try not to go into Divorce Mediation with that fearful mindset.
Note that the job of a Divorce Mediator is to facilitate a cooperative environment in which you and your soon-to-be ex-spouse can make mutually beneficial agreements surrounding your divorce. If they see that one spouse feels overpowered, they’ll discontinue the mediation process. So it’s important that you don’t let your soon-to-be ex-spouse overpower you in any matter. For example, if they’re better at finances than you are, bring a financial advisor into the mediation. A financial advisor is commonly required in mediation to help in facilitating a mutually beneficial agreement on allotment of property and finances.
And remember, if you aren’t happy with how your Divorce Mediation is working out, you’re allowed to voice this concern and take a different route. Just remember, litigated divorce is much scarier for many. Being pinned against your spouse can cause tension and controversy. Your private matters are aired out in a courtroom and made public record. Your child may be interviewed for matters of custody.
Although it may seem scarier to have no one representing you, mediation is designed to be less controversial than litigation. Your Divorce Mediator will always play the neutral, third party. And there’s always the option to partially mediate your divorce. Say, for instance, you can come to an agreement on allotment of property and finances, but not on child custody. You do have the choice for judicial interference on the matter of child custody.