As part of completing a divorce, mediation may be a creative, often lower-conflict alternative available for many couples. There are many benefits to participating in mediation instead of completing a divorce through a trial, and most courts will even order parties to attend mediation prior to a final trial. The benefits of mediation may include the following:
- Cost. Mediation is almost always cheaper than participating in a trial.
- Time. Mediation is usually completed in a day or less. A divorce that ends in trial can sometimes involve multiple hearings, hours of preparation and significant time in court.
- Confidentiality. A trial is not confidential, and many parties, especially those with children, prefer to keep as much information about their lives and financial situation private. Mediation provides a greater degree of confidentiality than a trial.
- Control. When parties allow a court to decide their future, they lose a great deal of control over the outcome of the case. In mediation, the parties have the ability to work together to creatively craft an agreement that best fits their needs instead of having one imposed upon them.
- Advocacy. During mediation, clients will have access to an attorney during the entire process and can spend time thinking through and discussing all aspects and possibilities based upon the facts. This option is limited in a trial setting.
- Conflict. Mediation allows parties to work together and lowers the amount of conflict present in a divorce. It is always in the best interest of the parties and children to attempt to keep conflict low during divorce proceedings, and mediation helps do this.
Mediation is typically a good option for couples who are contemplating divorce. Mediation allows parties to resolve issues in a lower conflict environment, which can be especially helpful when children are involved in the process. Having an attorney present and involved throughout the mediation process is important for ensuring that your individual rights are protected in any agreement that is reached.What is Divorce Mediation?
Mediation is a process whereby the parties in a case hire a neutral third party, called a mediator, to facilitate negotiations with the goal of reaching an amicable resolution to the case. The mediator does not represent either party but acts as a go-between in an effort to help the parties reach an agreement outside of court.
Both parties will attend mediation at a time agreed upon by everyone involved, and the parties will typically both have an attorney present for the meeting. Divorce mediation usually occurs in separate rooms, with the mediator moving between each room to attempt to facilitate an agreement.
In our experience, many couples are able to reach an agreement during the mediation process and retain control of the outcome of the case. Mediation is certainly worth the effort for any couple considering divorce, but some couples are unable to reach an agreement through mediation. For couples who cannot reach an agreement through mediation, a traditional contested divorce is probably the best course of action.Do I Need an Attorney?
Representation is important during the mediation process. An attorney can help you make wise decisions during mediation and ensure that your position and interests are fairly represented.
The attorneys at Powell Law Office, P.C. have reached great results for many of our clients through mediation. Call our office in Grapevine, Texas, to learn more about mediation and to have a reputable attorney by your side throughout the process.