When couples decide to end their marriage, they should approach the decision to mediate their divorce with careful consideration.
Many people want to avoid bringing their case to court and instead mediate divorce-related issues. During the mediation process, spouses work with a neutral mediator to come to an agreement on various aspects of their divorce. For example, with the help of a mediator, a divorcing couple may be able to devise a child custody plan that is more mutually beneficial than one mandated in court.
The benefits of divorce mediation
There are many benefits associated with mediating the divorce process, including:
- Spouses control the discussion – during the mediation process, couples get to select the topics they want to talk about and come to an agreement on. As a result, spouses have control over important divorce-related decisions instead of the court.
- The divorce can be resolved quickly – when spouses mediate their divorce, they are able to set their own schedule for discussing issues. This way, spouses do not have to worry about coordinating their calendar with the court.
- Greater confidentiality is achieved – when a divorce case is brought to court, its details are openly discussed in front of court employees, a judge, officers and other representatives. Comparatively, during the mediation process, any information brought forward is considered confidential and private.
- Children are protected from conflict – when a child custody case is reviewed in court, the children often have to be observed by experts and interviewed. During the mediation process, divorcing parents may be better able to focus on the needs of their children and can prevent them from becoming involved in the often adversarial court process.
Additionally, mediation emphasizes taking into account the specific needs of all the parties involved and solving issues collaboratively. For this reason, couples who mediate their divorce may find that they are able to come to a mutually beneficial divorce agreement.
Approach this decision with care
Although mediation is often advantageous, it is not the right choice for every divorcing couple. For example, in some situations, the mediation process can reinforce unhealthy behavior patterns that existed in the marriage, resulting in an unfair divorce agreement. This is particularly true if one of the spouses is more submissive and the other is particularly dominating.
Those who are interested in mediating their divorce in Texas should approach this decision with proper care and consideration. If you and your spouse would like to mediate your divorce, speak with an attorney at Connolly & Shireman, L.L.P., to determine if mediation or another divorce resolution option is best.