When people imagine a couple getting divorced, they usually think of long courtroom battles where spouses wash dirty linen in public. The truth is most divorce cases in Texas are settled out of court. Even when the separating spouses don’t agree to the major aspects of the divorce, it doesn’t have to be a bitter legal battle. Once you hire an attorney for your divorce, they usually recommend mediation, which is about reaching an agreement with your spouse through negotiation. You can click here to learn more about how an attorney can help. In this post, we are sharing some basic aspects of divorce mediation in Texas.
What is mediation?
In simple words, mediation is a form of resolution that allows both spouses to meet a third-party mediator who remains fair and neutral to both sides. The role of the mediation is to encourage the couple to resolve things amicably and foster compromise.
The pros of mediation
There are several reasons to consider mediation. Firstly, it allows you to save money. If you decide on divorce litigation, it would be an expensive journey where you have to keep paying your lawyer. Litigation also takes the longest time, which means you cannot marry or move on with your life during this period. Mediation can help you and your spouse reach a resolution within months or weeks.
There is also more control over the mediation process, where you can have a say on how things are resolved and settled. If you allow the judge to make all decisions, you have to accept whatever they say. Your mediation is also not going to be a public affair like litigation, and if you are a private person who wants to keep things simple, you should consider the option.
On the flip side
Mediators who are responsible for the mediation process are not legal advisors, and therefore, you will need an attorney anyway to start the process. Also, not all divorce conflicts are resolved through mediation, which means you have to work on the case keeping all possibilities in mind. For instance, if your spouse tries to hide assets, it would be much easier to discover details during litigation than through mediation.
As you can guess, mediation is a matter of choice, but there is also no denying that most separating spouses are likely to benefit from it. Every divorce is unique, and it is best to rely on an attorney for advice.
