MEDIATING A DIVORCE: DIVORCE DOESN'T HAVE TO BE A BATTLE
As you begin the divorce process in Texas, fear of the unknown naturally may grip you. This is particularly true if you are unsure about how you and your spouse will tackle issues such as property division or child custody. Fortunately, just because you are getting divorced does not mean you have to brace for battle. The process can be much more amicable if you choose mediation.
Divorce mediation is a method of alternative dispute resolution that you can choose rather than litigating your divorce. Unlike going to trial, it is a non-adversarial process. By mediating a divorce, you and your future ex may be able to achieve a mutually satisfactory divorce settlement.
What exactly is mediation?Divorce mediation is a hands-on process that is task oriented, structured and short term, typically lasting half a day or longer. You and your spouse will work together to address your disputes with the help of a neutral third party known as the mediator. The mediator will facilitate your disputes’ resolution by supervising your and your spouse’s exchange of information as well as your bargaining process.
With the mediator’s help, you both can find common ground and capitalize on innovative solutions as you draft your final divorce settlement. In many situations, mediating a divorce helps both parties to be more satisfied with the result because they participated in the negotiation of the final agreement.
How does mediation work?Mediation is typically more prompt than litigation and is also less expensive and simpler from a procedural standpoint. This enables you and your spouse to remain focused on the circumstances contributing to each of your disputes instead of getting hung up on narrow legal matters. In addition, when you mediate a divorce, you are not focused on fault or truth; instead, you are trying to simply resolve your issues.
How an attorney can help youMost courts in Texas require couples to use a mediator as part of their divorce proceedings. An attorney can go with you to your sessions and guide you in reaching an agreement on as many matters as possible with your future ex. At the same time, your attorney will protect you from reaching an agreement that may not be in your best interests long-term.