Divorce mediation is an alternative to the traditional way of divorcing through the court system.
Mediation offers significant benefits including lower cost and more control of the outcome.
Understandably, this different approach to divorce may be unfamiliar to you and you may have questions about the process. Below are three common questions about divorce mediation in Charleston.
1. Can I Bring a Friend or Relative to My Mediation Session for Moral Support?
No, you cannot bring your best friend or any other third party to a mediation session. Mediation is a private process that only involves you, your spouse, and the mediator.
The reason for this is to maintain confidentiality and focus. The mediator’s goal is to create an environment where both parties can communicate openly and honestly. Bringing in outside individuals can disrupt that balance.
Mediation requires you and your spouse to work together to find solutions that work for both of you. Having additional people present can create unease and complicate the situation.
It’s great to have support from friends and family, but that support needs to be received outside of mediation – either before or after.
2. Is Everything Really Confidential in My Mediation?
Yes, confidentiality is a cornerstone of the mediation process. It allows both parties to speak freely without fear that their words will be used against them later in a court trial.
However, there are exceptions to this rule.
Confidentiality is waived in specific circumstances, including:
- One of the parties threatens to harm themselves.
- Allegations are made of child or older abuse
Both of these circumstances are serious matters that require intervention beyond the mediation process.
Apart from these exceptions, what you say in mediation stays in mediation and is never made part of any public or legal record.
This assurance can encourage couples to transparently discuss their issues together and helps you and your spouse reach a fair agreement. Trust in confidentiality is what makes mediation such a safe space for negotiation.
3. What Happens if My Spouse Lies During Mediation?
Honesty is critical in mediation. It’s the foundation upon which agreements are built.
However, situations may arise where one spouse is not entirely truthful. If you find out that your spouse has lied during mediation – such as by failing to disclose financial assets or providing false information – you need to act quickly.
If mediation has already been finished and an agreement has been signed, the court is able to set aside the agreement if dishonesty is proven. You aren’t stuck with an agreement you made due to bad or fraudulent information from your spouse. As soon as you find out about the dishonesty, you must address these concerns to the court as soon as possible. Evidence you collect be presented to the court. The court will then evaluate the situation and decide if the agreement should be overturned.
If mediation has not yet been finished, you can choose to continue mediation talks with the more accurate information that has been discovered. Alternatively, if you feel you can no longer trust your spouse to negotiate in good faith, it is possible to end mediation and pursue a regular divorce within the family court system.
Mediation relies on transparency and good faith. Both parties must be willing to work together honestly. This ensures the solutions you reach are fair and equitable.
Divorce Mediation Puts You First
Getting divorce through mediation may take place outside of the court system, but you still get protection when abuse or dishonesty happen. For most couples, divorce mediation results in a fairer divorce with solutions that suit your specific situation.
It’s a process focused on collaboration rather than conflict. This can be especially beneficial if children are involved, as it sets a positive tone for future interactions.
Choosing mediation can make a difficult time a little easier. With the right support and guidance, you and your spouse can navigate the process and reach resolution that leads to a better life for everyone.
Consider mediation as a way to move forward with dignity and respect. Call our offices today @ 843-323-4687 to discuss if divorce mediation is right for you. We are ready to answer any other questions you may have.
About Catherine Marra
Catherine Marra is a nationally certified Divorce Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.