Mediation
What Is Mediation?
Mediation is a method of dispute resolution conducted outside of the courtroom away from trials or hearings. A mediator is an impartial third party who helps you and your spouse find common ground, but does not advocate for either spouse. Mediators address your issues, encouraging you and your spouse to negotiate agreements regarding the disputed areas of your divorce. The objective is for settle your issues outside of court. Mediation is not a form of litigation.
What can you expect a mediator to do?
Mediators are trained professionals who can provide general information about the legal process and facilitate discussions. Their purpose is to help you, your spouse and your lawyers find solutions to unresolved issues. Mediators do not offer either spouse legal advice. They also do not take sides. You can have private conversations with the mediator. In addition, the mediator can also oversee discussions between your and your spouse when striving to reach an agreement.
What are the benefits of mediation?
Mediation puts the decision-making back into your and your spouse’s hands. You don’t have to feel worried or overwhelmed about how a judge might rule on an issue. With the help of a mediator, you and your spouse can direct the focus on issues and determine the outcome.
- Mediation saves on court costs. It is generally much faster and less expensive than litigation. Saving time and money benefits you and your spouse.
- You can avoid the stress of a courtroom battle. Litigation is often hard on families and their children. Mediating allows you to resolve issues more amicably.
- You don’t have to deal with the complexities of courtroom procedure. Your work with a mediator takes place in a more relaxed environment. You can also have access to your lawyer to advise and answer your questions.
- You are more likely to tailor solutions that resolve your unique situations. Judges are more apt to delve out judgements, and you might not feel they adequately address the nuanced aspects of your circumstances.
- Resolving your issues through this approach is a confidential process, not open to the public like most courtroom trials. It you care about keeping your matters private, this alternative for resolving disputes can help you do that.
What should you know about divorce mediation?
What are the similarities and differences between mediation and arbitration?
Most counties in Texas require or recommend mediation prior to taking a divorce case to trial. Arbitration is another type of dispute resolution, also conducted outside of court.
Similar to a mediator, an arbitrator is neutral. However, an arbitrator hears both sides of the issues and then makes a decision about the case. Based on the facts both spouses present, the arbitrator weighs the issues and renders a ruling. In contrast, a mediator helps both spouses reach their own agreement and does not rule on the issues. Arbitration can be binding or non-binding depending on the couple’s agreement. Mediation also can be legally binding if both parties sign a mediation settlement agreement.
When is mediation not recommended for divorce?
Couples who find themselves in a high-conflict divorce might not fare well with mediation. This is particularly true when one or both spouses are abusive to each other. In such situations, communication typically breaks down. Communication is difficult under threats and attempts at manipulation. Mediation works well when the both sides can communicate freely without being pressured or put under stress. Other factors that might not make divorce mediation the best option are domestic violence, lack of transparency and complex finances.
How can we help you?
We can discuss the circumstances involved with your divorce along with your concerns. We’ll help you consider whether divorce mediation is an appropriate option to deal with your issues. Our main objective is to protect your rights and interests. We want to help you obtain the best outcome possible.
Call 940.566.0606 to schedule an appointment.
Reach out to us
DTX Family Law
525 S. Locust Street, Ste. 100
Denton Texas 76201
Phone: 940.566.0606