If divorce is in your future, the judge assigned to your case may refer you to mediation. Mediation is an out-of-course process that allows the parties to potentially settle their differences without the need for a trial. There are a number of benefits to divorce mediation that every spouse should know about.
An attorney can attend mediation with you and assist in this critical step. Hannah Law, PC is your trusted legal advocate. Reach out to a reliable Friendswood, Texas divorce lawyer by calling 281-262-1311 today!
What Is Mediation?
When spouses decide to divorce, the judge overseeing the matter may send the parties to mediation. The spouses can also enter into a written agreement to mediate. Mediation involves the spouses and their lawyers meeting with a neutral third party (the mediator) to negotiate their divorce terms.
It usually starts with an initial meeting in which the mediator lays out the basics of the process. After this, the spouses and their lawyers go to separate rooms. The mediator meets with them, alternating from one room to the next, to attempt to work out a mediated settlement.
Benefits of Divorce Mediation
Compared to traditional litigation, there are several benefits to divorce mediation.
Saves Time, Money, and Stress
Mediation generally takes less time and costs less money than having a trial. It also occurs in the more relaxed setting of a law office, which avoids the stress that comes with court proceedings.
Control
Instead of having a judge decide the outcome of the divorce, spouses may establish their own terms. There are few restrictions on this freedom (for instance, anything affecting children must be in their best interests).
Personal Knowledge
Spouses know far more about their marriage than a judge ever could. They are therefore in the best position to reach a mutually agreeable settlement that they can live with.
Creativity
Parties can develop unique, customized terms that a judge likely would not order at trial. Having a divorce mediation attorney with you will greatly aid in this.
Confidentiality
With limited exceptions, discussions and offers to settle that take place in mediation are confidential. If the process fails and the divorce goes to trial, a spouse cannot bring up settlement discussions in court. This protection allows candid, comprehensive mediation negotiations.
Privacy
Trials are public events that are potentially embarrassing to spouses and their families. Conversely, mediation occurs in private and avoids airing family conflicts for everyone to see.
Facilitating Communication
A successful divorce mediation makes future communication and cooperation with your soon-to-be ex-spouse easier. This is particularly beneficial if the two of you have children together.
How Can an Attorney Help During Mediation?
It is vital to your rights and best interests to have an attorney with you during mediation. Your attorney will explain the recommendations made by the mediator or opposing counsel and what they mean for your case.
This includes analyzing the potential consequences of certain courses of action. For example, you may want to waive alimony in exchange for more property from the marital estate. Your attorney can help you understand how much alimony a judge might award and therefore help you negotiate accordingly.
Your lawyer can also explain the legal ramifications of any terms worked out in mediation. This includes understanding both your and your spouse’s obligations under the settlement agreement. Assuming the agreement is legally sound and both parties can reasonably abide by it, the judge will probably approve it. At that point, it becomes an order of the court, so both parties will be bound by its terms.
Let Us Represent You in Your Texas Divorce Mediation
We understand your concerns when it comes to divorce. Mediation is an excellent opportunity to resolve your matter with as little interruption to your life as possible. Let us represent you during mediation and advocate for the best possible outcome for your case.
Call Hannah Law, PC today at 281-262-1311 to get started.
