As mediation becomes more popular, common myths about mediation have developed that confuse or dissuade prospective clients from pursuing alternative dispute resolution, despite its proven effectiveness. In this article we will address common myths about mediation and shed light on the reasons why these myths are false.
Only people who agree on key issues can mediate
Many prospective clients mistakenly believe that for mediation to be a viable option, they must be in almost complete agreement with their partner on key issues; otherwise, an agreement will not be possible. This belief is a myth for two reasons: first, mediation is designed to help facilitate agreements and, second, many couples have significant differences in opinion on key issues and are still able to effectively use mediation to come to a resolution.
Without a lawyer, my interests won’t be furthered
A mediator’s role is to listen to both parties and help facilitate an agreement that is balanced. In a traditional court case, the judgment can be wholly unfair to one or both parties. By utilizing mediation, couples can retain control over the outcome of the agreement; this helps ensure that both parties have their voices heard.
Any mediator can handle my mediation
As with lawyers, not all mediators are created equal. Effective mediators are well-versed in state law, familiar with the local courts and procedures, possess the ability to identify and address issues, and excel at negotiation. When choosing a mediator, select one who you are comfortable with and who can answer your questions; the better able you are to work with your mediator, the better the outcome of the mediation will be.
My legal issue is too complicated for mediation
People often assume that mediation is reserved for simple and straightforward matters, while complex legal issues are best addressed in traditional court proceedings. In fact, any legal issue that can be addressed by a court can serve as the subject of a mediation. As long as the parties have chosen an experienced mediator, resolution can be reached.
If you are a New York resident who would like to learn more about how mediation can be a solution for your family, please call (845)-243-0295 or visit www.sskfamilylaw.com for a consultation. The Law Offices of Stacy Sabatini, Esq., located in New City, New York, proudly serves clients in Rockland, Orange and Westchester counties.