Whether a couple mutually decides to divorce or one party decides and moves forward, it can quickly become complicated and expensive. Property division and co-parenting schedules are just some of the issues that can stonewall the process.
Many of these decisions are made by a judge who doesn’t know the parties. Going forward, both parties must live with those decisions, no matter how difficult. But divorcing couples do have an option to make those decisions ahead of time, and outside of the courtroom. Instead of pitting their attorneys against each other and taking risks with the court, a couple can decide issues for themselves.
Mediation
This is one form of Alternative Dispute Resolution (ADR) that brings both parties together with a neutral third party, called a mediator. Each party should have an attorney during the process. The mediator does not offer legal advice, even if he or she is an attorney.
The parties each discuss their side and work with the mediator to come to an equitable solution. Each party presents their side of the dispute. The parties then go into separate rooms where the mediator discusses everything with each party. Once the parties agree, they put their decisions in writing and submit them to the court for finalization with their divorce petition.
Mediation is a process that occurs outside of court proceedings. In some Texas counties, mediation is required as part of the divorce. Couples can also pursue mediation before filing their petition.
Why It’s Better
Opting for mediation at any point during the divorce proceeding gives the couple more control over the results. The parties make their own decisions about their divorce.
Mediation discussions are generally confidential and not discussed in court. Under oath testimony in court can be made public with no confidentiality.
Unlike a judge, both parties can decide who to select as their mediator. Most divorces will only need a few sessions, and some can be completed in one session. The parties can schedule their mediation sessions where it suits them, such as after working hours, rather than wait for a court to schedule something.
Mediation also costs less than litigation and speeds up the divorce process. When a couple makes their own decisions, that’s less their lawyers must handle and litigate.
Going through mediation can also reduce the amount of stress that a divorce can inflict on both the couple and their children. By working together to find a fair settlement of affairs can foster a better relationship post-divorce and better co-parenting going forward.
Once the parties reach an agreement, they sign a Memorandum of Agreement to be submitted to the court. After the judge signs the decree, the divorce is finalized.
Can Divorce Mediation Help You?
If you and your spouse have reached a standoff in your divorce, mediation can help move past the stalemate issues that stall everything. Meeting with a mediator in a neutral environment takes the pressure off both parties so they can move forward.
Get Help With Divorce Mediation In Fort Worth
Wendy L. Hart has been helping people in the Fort Worth area with all their family law issues since 2001. She represents both men and women in all aspects of divorce, including spousal and child support matters.
Need help? Get in touch by using our online contact form, or call us at (817) 842-2336. Don’t try to handle a divorce, spousal maintenance, or other family law matters by yourself. Contact The Law Office of Wendy L. Hart and get the help you need.
