There is a common misconception that women are at a disadvantage in divorce mediation because of their predisposition toward preservation of relationships or that their husbands are better, more aggressive negotiators and would use mediation to their advantage. Thus, the thought is women would benefit more by hiring attorney who aggressively litigates their case in court. Based upon my 24 years of experience representing parties in litigation and serving as a mediator, I agree that, while litigation is sometimes necessary, I could not disagree more that litigation is a preferable method for women in resolving their divorce.
In mediation, all parties, including women, not only have the full opportunity but the responsibility to fully articulate their needs and have their issues fully addressed in a safe environment. It is a fallacy that litigation allows parties who are in conflict to tell their stories more fully than in mediation. In fact, the exact opposite is true.
litigation, the parties almost rarely have the chance to have their issues fully heard by a judge. They almost never get the opportunity to tell a judge what they think or how the process is affecting them. On the other hand, in mediation, the parties have a full say in the process of their negotiations as well as in the final settlement outcome. It is a process that levels the playing field, for women in particular, who may feel they are at an information disadvantage or that they are at a power imbalance.