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3 Common Myths About Mediation
At the Washington law firm of Canfield Madow Law Group, PLLC, we are proud to offer the services of two fully trained family law mediators. Partners Damon Canfield and Roberta Madow are highly respected within the legal community not only for their mediation ability, but also for their passionate drive to achieve results for clients.
Let our attorneys answer your questions about alternative dispute resolution (ADR) processes. We can also dispel common myths about mediation. Here are three you may have heard:
Myth #1: You Can Achieve The Same Results With Litigation Or Mediation
Many people think that litigation and mediation are two different roads that both lead to the same destination. This isn’t always the case. The truth is that when you take your case to court, a judge makes the final decisions, and he or she is most likely to issue a conventional order.
Your particular situation, however, may call for an unconventional solution — and that is where mediation excels. Coming to an agreement outside of the courtroom makes creative agreements possible.
Myth #2: Mediation Puts The Other Party In Control
You may feel like negotiating with your spouse gives him or her too much control over the outcome. However, the truth is that mediation actually puts much more power in your hands than if you leave it up to a judge.
The judge doesn’t know you or your family. You do. You are in the best position to develop an agreement that actually works, and mediation allows you to do just that. So instead of focusing on the fact that your spouse will also have a say, think about how much more input you will have through mediation.
Myth #3: You Are Forced To Accept The Outcome Of Mediation
You may believe that once you start the mediation process, you are obligated to stay with it until you finally reach an agreement — even if coming to a mutually acceptable solution proves to be impossible. However, this isn’t the case. Unlike with collaborative law, you are allowed to switch to litigation if mediation proves ineffective.