Why You Should Always Consider Mediation Before Litigating a Divorce

Divorce is a complex process that can bring feelings of anger or sadness to everyone involved. Conflict in the divorce can mean more emotional and economic pain, for the litigants and any children involved.

Mediating a divorce is an excellent decision to help avoid an expensive legal battle and reduce that stress by providing the parties to the suit with more control over the case’s outcome.

Learn why mediation is better than divorce, then contact our Dallas divorce mediation attorneys for more information.

Divorce Mediation Overview

Divorce mediation allows separating couples to meet with a neutral third party, with or without counsel, to resolve any issues or items of contention in a divorce. Mediation is preferable to litigation because it is less upsetting and almost always less expensive. Divorce mediation also usually allows the parties to finish their case quicker than a standard divorce.

Another important benefit to mediation is that you and your partner have the ultimate say—subject to agreement and the confines of the law—over your contested issues. Outside of extreme circumstances when mediation may not be the best course of action, any agreement reached in mediation is binding on the Court. This means that you both can keep the power and control over your relationship, and the Court is not making ordering things that no one asked for.

How Mediation Works

Divorce mediation starts when you and your partner agree and select a mediator, or the Court appoints one. While divorce mediation is voluntary in most states, Texas courts have the power to order the parties to mediate their case. This is the limit to what the Court can do, as the Court cannot force parties to reach agreements.

While mediation is highly successful in resolving cases, it is most effective when both parties are willing to negotiate their contentious divorce issues. Usually, the mediator will set up an appointment in a neutral setting with the spouses (and counsel, if any). During this initial meeting, the spouses can talk about their views on common divorce topics that, include:

• Division of assets
• Child visitation and custody
• Child support
• Alimony

The first discussion helps your mediator to understand how realistic a possible resolution to the case is via mediation. As a further means of “keeping the peace” during these sessions, the mediator will generally have each side in a separate room (or Zoom room, if being done electronically).

There is no time limit on divorce mediation in Texas. Everyone can continue working with the mediator to reach an agreement until an agreement is reached, or the process becomes unworkable. If the issues are too complex or the conflict is too high for agreements to be reached, litigation is still possible. Still, mediation is almost always less expensive than a lengthy divorce fought out in the courts. Parties can save thousands of dollars—and ever-valuable time—by resolving their case through mediation.

Is Mediation An Option?

Mediation is possible if there is a chance you and your partner will agree to the terms of a divorce. Also, both sides need to be open on finances, and agreement is required on child custody matters. However, mediation is not usually advisable if there is a history of domestic violence.

Contact Our Dallas Divorce Mediation Attorneys Today

Divorce is painful, and a contentious divorce can be emotionally and financially devastating. Everyone is better off when both sides can agree to divorce terms without an extended legal quarrel. Divorce mediation is a great choice to reach these agreements, whether the issues are alimony, child custody, or division of property.

The Dallas divorce mediation attorneys at Orsinger, Nelson, Downing & Anderson can help with mediating your divorce to bring your case to an agreeable conclusion without a lengthy legal battle. Our attorneys are proud to serve the communities of Dallas, Fort Worth, Frisco, and San Antonio. Please contact our Dallas divorce mediation attorneys at (214) 273-2400.

The post Why You Should Always Consider Mediation Before Litigating a Divorce appeared first on ONDA Family Law.

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