Thursday, June 25, 2020

What Are the Benefits of Divorce Mediation?

Originally published by Family and Criminal Law Blog.

Divorce does not need to be an emotional battleground where two people fight out their differences in a courtroom. It can be low in stress, low in cost, and preserve whatever remaining goodwill still exists between a former couple. This can be accomplished through divorce mediation. In mediation, a neutral third party, the mediator, works to support both parties equally as they all work towards solving problems and reaching mutually acceptable solutions to all issues incident to divorce.

What are the Benefits of Divorce Mediation?

While divorce mediation may not be right for every couple, if you can make it work for your own situation, you may reap the many benefits that come with divorce mediation as opposed to litigation. First, everyone will save money. Instead of both parties hiring their own attorney, the couples work with one mediator. This means saving on attorney’s fees. It also means saving on court costs. These things can quickly add up and make for a costly divorce.

In addition to saving money, divorce mediation saves time. Contested divorces that end up in court can take months, or even over a year, to resolve. Between scheduling court dates, managing the schedules of the court, the attorneys, and the parties, and wading through involved legal processes such as discovery, courtroom divorces take a great deal of time. Mediation, however, can mean resolving your divorce within a matter of months. You are not beholden to a court’s schedule. Instead, you, your spouse, and the mediator can collaborate as to the best times to meet. An added benefit of mediation is the fact that it is confidential. Being in court means that your divorce will become a part of the public record. Anyone can access the details. In mediation, everything stays between you, your spouse, and the mediator.

One of the biggest benefits of mediation is the amount of control the parties have over the process. The mediator really is there to act as a facilitator so that the parties feel empowered and enabled to reach a resolution on their own. In court, it is left to the judge to decide matters. The fact that the parties play such a larger role in finalizing an agreement has the added benefit of helping ensure that both parties comply with the agreement. Working together in mediation not only encourages the parties to comply with the final agreement, but it also sets the stage for a positive co-parenting situation after divorce. Courtroom drama can quickly extinguish any good will the divorcing parties may have still felt for one another. Mediation not only works to preserve this, but fosters communication skills as the soon to be former spouses navigate their way to a new normal.

Divorce Attorneys

While mediation is not for everyone, it’s many benefits means you should at least explore the option. The skilled divorce team at Navarrete & Schwartz has experiences with divorce mediation and divorce that work better in a courtroom setting. Talk to us about your options. We are here for you. Contact us today.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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