What Are the Benefits of Mediation in Divorce?
Divorce is often seen as a horrible process, full of contention, overwhelming stress, and an onslaught of feelings. The Holmes-Rahe Life Stress Inventory ranks divorce as the second most stressful life event, right behind the death of a spouse. While this may be true for divorces that are occurring due to issues such as infidelity or addiction, there are some cases where divorce can be settled amicably. When parties can resolve a divorce without feeling angry or combative, choosing divorce mediation over traditional litigation may be the way to go. In this article, Alison Grant, Lewisville’s trusted divorce attorney, will explore mediation and how it can help start this new chapter of your life peacefully. Here is what you need to know.
What Is Divorce Mediation?
The goal of divorce mediation is to reach an agreed-upon settlement outside of court. This process involves getting a third party, known as a mediator, to help the divorcing couple negotiate a mutually acceptable agreement. Both parties will still have their own lawyers to give them voice and direction during the process, but if an agreement can be made, the mediation will save both parties from appearing in court.
Unlike a traditional divorce, mediation does not involve both parties fighting in a heated court battle over assets and custody. Instead, the two parties discuss how to divide property, who gets custody of the kids and any pets, and how any spousal or child support will be paid in a controlled environment that aims to lessen the emotional toll. By cutting out the lengthy legal battle, mediation can help expedite the process, leading to less financial strain on both parties and a lot less stress.
The State of Texas requires mediation as a step in its divorce process before it goes to trial. However, couples can decide on their own to choose mediation over traditional divorce proceedings before the court orders them to try it.
Who Is the Mediator?
A mediator is often a family law attorney whom both couples agree to use as a neutral third party to oversee the discussions of handling the divorce. Unlike the divorce attorneys whom both parties have hired to guide them through the process, the mediator will not be able to give direction to either party. They are there to ensure that the discussions don’t get heated and allow both parties to have their voices heard.
How Does Mediation Work?
Mediation sessions can take several forms. Both parties may agree to meet with their spouse and the mediator together, or they may choose to meet with the mediator separately. Typically divorcing parties resolve all of the decisions and issues in a single full day session.
Regardless of this, the mediator will help you determine which issues need to be addressed and ask each spouse questions about their needs, financial constraints, and hopes for the division of assets. They will also go over custody or parenting agreements along with child support or spousal support. Once both parties have agreed to a solution, they will sign the agreement, which will be filed with the court.
Are There Benefits to Mediation Over Traditional Divorce?
Yes. Mediation can aid couples in finding a more peaceful and successful resolution to their divorce, leaving both parties on better footing afterward. Individuals can expect the following benefits:
- It is less expensive than a traditional divorce
- There is a higher success rate and lower chances of returning to court over issues
- Confidential
- More flexible solutions
- Better relationship with ex-spouse
- Higher chance of having a successful co-parenting relationship
Does Mediation Reduce Stress During a Divorce?
Yes. Mediation can alleviate stress during a divorce in two different ways. The first is financial. A mediated divorce will cost less than a litigated divorce.
The second area is the emotional impact on the entire family. Mediation is a solution-oriented approach that allows both individuals to start the new phase of their lives in a better place. A family attorney helps create a coherent parenting plan and custody arrangement that works best for both parties and their children. It alleviates any stress and opens the door for co-parenting without a lot of animosity. This will be better for both the parents and the children involved.
Do I Need a Divorce Attorney During Mediation?
Yes! While the goal of mediation is to avoid going to court entirely, you still want to ensure that your voice and needs are fairly represented and heard during the mediation process. Many individuals who try to navigate mediation independently without the guidance of an experienced divorce attorney may underestimate the strength of their legal position. This can lead them to give up more than necessary, or if they try to get too much, they may undermine the mediation process altogether.
An experienced divorce attorney, such as Alison Grant, Attorney at Law, can assist you in the following ways:
- Explain the divorce mediation process, rules, and procedures so that you clearly understand them
- Help select the best mediator for your case (if the court hasn’t chosen one)
- Prepare you for mediation
- Help you decide potential settlements
- Review the proposed settlement for any missing details or other potential issues
- Prepare formal divorce paperwork once an agreement has been made
Need Help Setting Your Family Up for Success After Divorce?
Alison Grant is a reputable family law and divorce attorney who proudly serves families in Lewisville, Texas. Her passion is helping ensure that the next chapter of your life is set up for success, regardless of whether the divorce you are facing is difficult or can be worked out through mediation. Contact Alison Grant today for more information on mediation or to schedule a consultation to review your case.
Mediation FAQ:
Are There Any Cons to Mediation During a Divorce?
While mediation has many benefits for couples, there are some cons that individuals should be aware of. These are as follows:
- Mediators do not offer legal advice. Because the mediator is working for solutions for both parties, they cannot provide legal advice to either party. It is important you are represented by an attorney.
- Mediation does not work for every situation. Mediation is often very successful for couples looking to part ways amicably. However, some individuals may be facing situations where their spouse is dishonest, abusive, or uncooperative. In these cases, mediation may not be successful.
- One spouse is hiding assets. Sometimes, one spouse may try to hide assets during a divorce. Traditional litigation may make it easier to find these hidden properties and include them in the division of property, unlike in meditation, where both spouses are expected to be as honest as possible.
