Common Misconceptions About Divorce Mediation
Many people hear the word "mediation" and assume it only works for couples who are already getting along. That’s just one of several common misconceptions that prevent people from considering a process that could actually be a much better fit for their situation. Let’s clear up a few of the most persistent myths.
Myth #1: Mediation is only for amicable divorces.
Fact: While it helps if both parties are respectful, you don’t have to be best friends to benefit from mediation. In fact, mediators are trained to manage conflict and facilitate communication, even between highly contentious spouses.
Myth #2: Mediators make the decisions.
Fact: A mediator doesn’t function like a judge or arbitrator. They do not take sides or issue rulings. Instead, they help guide you and your spouse to find solutions together.
Myth #3: Mediation means giving up legal support.
Fact: You can (and should) consult with your own attorney during mediation. Mediation is a supplement to legal counsel—not a replacement.
Myth #4: Mediation isn’t legally binding.
Fact: Once an agreement is reached and submitted to the court, it can become a binding court order, just like a litigated divorce judgment.
Understanding what mediation is—and what it isn’t—can open the door to a more thoughtful, less adversarial way of navigating divorce. When handled correctly, mediation can provide clarity, closure, and a healthier path forward.
DISCLAIMER
This article contains general information and general opinions from Higher Road and is not intended to be a source of legal advice for any purpose. No reader of this article should act or refrain from acting on the basis of information included in this article without seeking legal advice of counsel. Higher Road expressly disclaims all liability with respect to actions taken or not taken based on any content in this article.
Curious if mediation is right for your situation? Schedule a no-pressure consultation with Higher Road today.