myths about mediation

Myths About Mediation

1. MYTH- A Mediator can be used instead of an attorney. Many people think they will “just skip a lawyer and go to a mediator instead”. Since a mediator cannot give you legal advice, the person that goes to a mediator without talking to their own attorney does not know what he/she is giving up. As a family law attorney, Debra has often had to help people try to get back what they gave up in mediation without a lawyer.
2.MYTH- A mediator can draft your legal documents. Beware of mediators acting as lawyers. They can not draft your legal documents. Why? A mediator cannot be your lawyer. More than once, Debra has had to “fix” cases where the legal documents have been “written up” by a mediator that was not an attorney. Usually they are incorrect, poorly drafted, and set out in such a confusing manner, that Courts will not take the documents.
3.MYTH- A Judge Knows Better – NOT TRUE- Many people will say, “well, too bad, we can just let the Judge decide”. These same people do not know that the Judge does not want to decide and is often very unhappy that they have to decide the case. Many Judges get annoyed and exasperated with parents that cannot make joint decisions about their own children. A tired and exasperated person deciding your children’s future is not how one wants to have their children’s childhood decided.

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