Divorce is a difficult process for both parties, even when both parties are mostly in agreement about the terms of the final order. Many spouses in Texas want to reduce the complications in their divorces, and they may consider the benefits of mediation. This process allows two opposing parties to resolve disputes without contesting their issues and airing their grievances in a public courtroom forum.
Mediation is often a beneficial choice for those who want to avoid some of the stress and complication associated with divorce. Before you decide to mediate your divorce, it may be helpful to learn more about the benefits and potential drawbacks of this process. The best choice for you depends on the details of your individual situation and your goals for your post-divorce future.
What happens during mediation?
During the mediation process, the two spouses will work together on a reasonable outcome to their divorce, usually in completely different rooms. They will discuss terms through respectful conversations, guided by an experienced mediator who will go back and forth between each spouses’s separate room. The mediator should be very experienced mediating family law disputes and a neutral third-party, whose role is to provide guidance and suggestions as the two parties resolve disputes. This is a more respectful and often a more peaceful process than a litigated divorce. The benefits of mediation include:
- It allows the two parties to have more control over the terms of their final order. They can address specific things that are unique to their situation.
- It is more likely to lead to a mutually beneficial and satisfactory agreement for both parties.
- It can cost less than litigation, and it often takes less time to mediate a divorce.
- Mediation often minimizes tension, reduces hostility and makes it less likely there will be continued hostility after the divorce is final.
The two parties do not necessarily have to get along perfectly to make mediation work well. In fact, the two spouses do not have to like each other to mediate their divorce instead of going to court. You and the other spouse will simply have to commit to the process and remain willing to discuss problems. Independent studies have shown that mediation with a skilled and experienced Family Law mediator resolves over 90% of otherwise contested divorces.
Legal guidance is still important
It is still important to seek legal guidance in a mediated divorce. Before agreeing to terms or making an important decision that could affect your family, an experienced Board-certified Family Law expert attorney in Collin County, Dallas County, Denton County, Midland County, Ector County and surrounding areas of Texas can help ensure that your agreement covers all necessary aspects of your divorce and that a Final Decree of Divorce order based on a valid Mediated Settlement Agreement (“MSA”) will be legally sound and beneficial for the client for years to come. Mediation may be the right approach for your divorce, but it is still prudent to have an experienced Board-Certified Family Law Expert attorney to help with legal guidance as you walk through this process.