Overcomplication of Processes: Untrained professionals may overcomplicate already challenging
scenarios by introducing unnecessary steps or misunderstandings. For instance, they might fail to
recognize the importance of timing in support agreements or the implications of title transfers in
property settlements.
Lack of Neutrality: One of the most critical aspects of mediation is neutrality. An untrained professional
may inadvertently inject personal biases, undermining the mediator’s efforts to maintain balance and
fairness.
Risks to the Settlement Process
When untrained influencers become involved in the settlement process, the potential for harm extends
beyond mediation. Their lack of expertise can result in long-term consequences for divorcing clients,
including:
Financial Instability: Uninformed decisions about real estate, mortgages, or support agreements can
create financial instability. Examples include:
Miscalculated support income, leading to mortgage denial.
Poorly structured equity buyouts, leaving one party overburdened with debt.
Legal Challenges: Incorrectly handled settlements can lead to legal disputes, requiring costly revisions or
litigation. For instance:
Improper division of assets due to misunderstood property valuations.
Overlooking legal requirements for title transfers or support agreements.
Emotional Distress: When settlements fail to meet expectations or result in unforeseen complications,
clients experience heightened emotional stress. The aftermath of such issues often prolongs the recovery
process for all parties involved.
RISKS TO THE SETTLEMENT PROCESS
09 DIVORCE REAL ESTATE & MORTGAGE JOURNAL
Untrained influencers can derail the divorce process with misinformation and
unrealistic advice. Partnering with divorce-trained experts ensures clarity,
balance, and better outcomes for clients navigating one of life’s toughest
transitions.