How many distortions can one story have?

Reading today’s Cap Times (local paper) on the subject of divorce through lawyerless mediation, I felt like canceling my subscription right then and there. In a calmer mode I decided that too many papers were being discontinued by me because of an emotional reaction to a poorly written story; reason prevailed and the paper will continue to grace my doorstep in the late afternoon.

When a newspaper article takes one or two missteps, it is not inappropriate to write a quick note clarifying the inaccuracy. The story on divorce, however, had, when last I counted, twenty one inaccuracies, some of them verging on blatant misstatements of fact.

It is so easy to argue that lawyers milk their clients at the time of divorce; that parents are encouraged to pursue their own interest instead of the child’s best interest in custody disputes; that if you would only take the lawyers out, some other less money-grubbing professional could step in and do a better job. The fact is, most courts have built-in mandatory mediation sessions, many appoint a separate lawyer to represent the child’s best interest, and very very few cases ever go to trial, because the pressure to settle a dispute is enormous. Judges hate divorce and custody battles, and do not look favorably upon lawyers who do not resolve the issues prior to a court appearance.

I always worry that the push toward mediation – so fine-sounding in its simplicity – will undermine the interests of the weaker party, the one that hasn’t the emotional strength to persevere. I admit that I am not a fan of divorce proceedings – I find them flawed in any number of ways. You need only attend my Family Law lectures to hear my concerns on how couples and children are treated at the time of dissolution. I spend almost the entire semester on this. But running this article which praises the services of some company offering a “better way” to a divorce, is grounds for mandating a retraction. It’s just too horribly written to belong in even the local paper.