The Role of Mediation in Divorce Texas Proceedings

 Posted on October 25, 2023 in Divorce

A traditional divorce can be a lengthy process that is both emotionally and financially draining. Divorcing couples will often look to avoid this avenue toward dissolution and choose mediation as a more appealing alternative. Regardless of which path you decide for your divorce, a skilled and empathetic divorce attorney is a great tool to have on your side.

What is Mediation?

A mediated divorce can cost you more than an uncontested divorce, but it acts as a great middle-ground for couples looking to resolve a few unagreeable issues. Rather than going to trial in a heated contest for who gets what, you and your spouse can agree to meet with a neutral third party in an attempt to resolve things amicably.

Mediation is a great way to build communication skills that may have been lacking in the relationship, and with children involved, mediation can help set a more positive tone for how to parent cooperatively after a divorce. Child custody, child support, and visitation all tend to be hot topics that can bring up disagreements between divorcing couples. Having a mediator trained in these areas can help to alleviate the potential hostility and help a couple look at things from a different angle that may be in the best interests of their children.

How Can I Use Mediation?

Mediation can take place either before or after filing for a divorce petition. Both parties must agree in writing or receive an order from the court to begin the mediation process. Attending mediation is non-negotiable if a judge orders you to go. The only exception is if there is a history of domestic violence against the objecting party. The objection must take place before a final mediation order is given, and the objection must be written into the referral of mediation.

Pros and Cons of Divorce Mediation

A couple who is unable to agree on everything in a divorce is usually the reality. Though it would be far cheaper and take less time, it is not typically an option as one spouse is likely to disagree on something that the other spouse will not seem to budge on. It is because of this that mediation makes such a great alternative to traditional litigation.

Some of the pros of mediation include:

• Cheaper than a contested divorce
• Faster than a contested divorce
• It can be less stressful than a contested divorce
• Completely confidential; no trial
• More power and say over the outcome
• Possibly better for your children’s sake

Of course, like everything in life, there are some drawbacks to mediation:

• Knowing there is no way to agree on specific things means that mediation is likely just making the process take longer, whereas litigation is inevitable
• The inability to compromise makes the entire ordeal more stressful
• If one spouse is abusive, it may not be a great option and cause additional discomfort
• You and your spouse decide the whole outcome; mediators do not make decisions, only attempt to facilitate agreements
• Hidden assets are less likely to be found than in a traditional divorce

Contact a Tarrant County, TX Divorce Attorney

In any divorce, an experienced Hurst, TX divorce and family mediation attorney can provide invaluable insight, knowledge, and direction toward a more agreeable outcome. Daniel R. Bacalis, P.C. is ready to stand by your side throughout the entire divorce process, either in mediation or litigation. Contact the office right now at 817-498-4105 to schedule a free consultation and discuss what is the best option for your situation.