Divorce is one of the most difficult and emotionally charged legal matters to go through. Divorce involves contentious disputes over property, finances, and child custody—and the outcome of a divorce case can have the effect of significantly changing one’s life.
While litigation is often seen as the default for resolving these issues, more divorcing couples in Texas are turning to mediation as an alternative dispute resolution method.
Mediation offers numerous advantages, making it a viable option for virtually every divorcing couple in the Lone Star State. This guide will discuss why every divorcing couple in Texas should consider mediation to achieve an amicable and cost-effective divorce settlement.
1. Promotes Effective Communication
The divorce process can strain even the most amicable of relationships. Questions often arise to a litigant, such as:
- “What does that mean when the attorney said that my spouse wanted that account?”
- “Why is my husband saying he signed something but his attorney told my attorney that they’re not ready to send over an agreement?
- “Why did my husband agree to me having ‘full custody’ but this document says ‘joint managing conservatorship’?”
- “She said she would never ask for my retirement, so why does she want me to split both of our retirement accounts now?”
Mediation provides a structured environment where both parties can communicate openly and honestly, with a “neutral” (mediator) between them and their attorneys. A skilled mediator facilitates productive discussions, helping couples express their concerns, needs, and priorities. This open dialogue fosters a better understanding of each other’s perspectives, paving the way for mutually agreeable solutions.
It is important to note that one of the mediator’s main tools in Texas is that parties and their attorneys are kept separated while the mediation is being conducted. This will not look like mediation does in movies such as Eat, Pray, Love, with the characters of Mark Ruffalo and Julia Roberts resolving their disputes at the same conference table with the attorneys and mediator mostly being silent. It does, however, help to avoid the inherent problems with opposite parties to a dispute being in the same room filled with tension, anxiety, and potentially years of emotion building up to this moment.
2. Cost-Effective
Traditional divorce litigation can be prohibitively expensive. Legal fees, court costs, and expert witness fees can quickly add up to what feels like an unreasonable amount.
Mediation is typically a more cost-effective option, as it requires fewer billable hours from attorneys than a trial, and it eliminates the need for protracted courtroom battles (and the costly preparation for them). Couples usually share payment to the mediator, which further reduces financial strain.
3. Faster Resolution
Court proceedings can be time-consuming, often taking months or even years to resolve. Mediation expedites this process by allowing couples—within practical bounds—to set their own schedule. This flexibility means that divorcing couples can reach a settlement much faster, enabling them to move forward with their new lives that much sooner.
4. Confidentiality
Mediation offers a higher degree of privacy compared to court proceedings. While courtroom divorce records are generally accessible to the public, mediation discussions are confidential. A mediator cannot be compelled to testify about anything that occurs or is discussed during a mediation. Likewise, no record is made of mediation proceedings short of any agreement reached, or a quick notice to the Court that the case did not resolve.
This discretion appeals to couples who value their privacy and wish to keep their personal matters out of the public domain.
5. Tailored Solutions
Mediation allows divorcing couples to create customized solutions that meet their particular needs and circumstances. Unlike courtroom decisions, which are often limited by existing legal precedents and rigid rules, mediated agreements are more flexible and not bound by those same constraints. While there are practical limitations as well, generally parties can reach agreements on almost any terms so long as they are not inherently illegal.
6. Reduced Stress and Emotional Impact
Mediation, on the other hand, prioritizes a relatively cooperative and less adversarial approach. This can minimize—but not completely dissolve—the emotional impact on spouses and children, fostering a more amicable atmosphere during and after the divorce process.
7. Greater Control
In mediation, divorcing couples retain greater control over the outcome of their divorce. Instead of leaving critical decisions to a judge who has only a portion of the parties’ information, couples can make informed choices that align with their priorities and goals. This empowerment can lead to more satisfying and lasting resolutions.
8. Preservation of Relationships
For couples with children, maintaining a working relationship post-divorce is often crucial. Mediation encourages parents to work together to create child custody and visitation plans that prioritize the best interests of their children. This collaborative approach can foster healthier co-parenting relationships in the long run.
In sum, mediation is a valuable tool that empowers divorcing couples in Texas to navigate the complexities of divorce with greater control, likely reduced costs, and significantly lower stress. Its focus on communication, flexibility, and customized solutions makes it a suitable option for virtually every divorcing couple.
While not suitable or perfect for every situation, mediation should be seriously considered as a means of achieving an amicable divorce settlement that benefits both parties and any children involved. Consulting with one of our qualified Texas mediation attorneys can provide further guidance on whether mediation is the right choice for your specific circumstances.
Choose Our Dallas Mediation Attorneys For Exceptional Service
Are you ready to explore mediation for your divorce? Contact the experienced Dallas mediation attorneys at Orsinger, Nelson, Downing & Anderson at (214) 273-2400 today to schedule a confidential case review. Let us help you navigate the path to an amicable and cost-effective divorce settlement that puts you in control of your future. If you are feeling the pressure of litigation, don’t delay – take the first step towards a less stressful and more cooperative divorce process today!