Thursday, March 2, 2023

Mediation Myths: Debunked!

Happy Thursday, and Happy March everyone! Spring is right around the corner, and I am excited about some more sunshine and to see all of the flowers bloom. I think it’s time for another blog about debunking some myths related to legal claims. Today, let’s look into mediation!

Myth One: Going to mediation instead of litigation means your case is weak.

Reality: Mediation is not chosen based on how strong your case is. It is an alternative to going to the courtroom, that allows parties to facilitate discussion. It does not matter how strong or weak your case is, what matters is the best way to resolve your case.

Myth Two: You can only use mediation when you are going through a divorce.

Reality: Actually, mediation can be used in all kinds of areas of law! Again, it is meant to facilitate discussion, whether it be between husband and wife, employee and employer, or even something like landlords and tenants. Mediation is a great tool that can be used in much more than family law issues.

Myth Three: Mediation is a waste of time

Reality: Mediation is not just a time killer and even if you feel like it is impossible to agree, this process is meant to help provide clarity for your case. You may realize there are areas you and the other party are willing to compromise on, and mediation can help identify what the key problems of your case are. It can take time, but it can also help provide clarity during a highly confusing and emotional time.

Myth Four: Going to mediation means that you have to solve every problem of your case at mediation.

Reality: Yes, mediation is meant to save money and avoid litigation, but we do not live in a perfect world. Sometimes, there are issues that cannot be agreed upon and will require the intervention of a court/judge. Mediation, however, can help resolve at least some of your issues. You should not feel like a failure if you cannot resolve all of your issues.

Myth Five: You don’t need an attorney for mediation.

Reality: Yes, mediation is an avenue to save money. But, because parts of the mediation process can be emotional and confusing it is important to have an attorney who can help ease any fears or confusion. Not to mention, attorneys know what is expected from mediation and can make sure that you are making decisions/agreements that are most beneficial to you.

Hopefully, this helps ease some fears and concerns about mediation. As I have said before, the internet can be a wonderful place, but it can also mislead you and raise fears when it comes to dealing with legal issues. If you still have any questions or concerns, contact us and we would be happy to help!

Sources: 

https://greenmistrettalaw.com/common-mediation-myths-debunked/ https://andalmanflynn.com/blogs/articles/debunking-the-myths-about-divorce-mediation/ https://www.yorku.ca/osgoode/jib/2021/01/18/debunking-myths-about-mediation/

***The thoughts and information in this blog in no way constitute legal advice of any form. If you have any questions or concerns about mediation, please do not hesitate to contact our office!

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