Why Divorce Mediation Is Often a Good Idea
Every divorce is difficult in its own unique way, but every divorce also addresses the exact same elements that must be hammered out between the divorcing couple. If you cannot find common ground, the court will do so on your behalf. Even couples who have considerable distance between them regarding their divorce terms are often able to find a middle ground at mediation. In fact, mediation is a great option for many divorcing couples.
The Terms of Your Divorce
While your divorce will be unique to your situation and your family, the term categories that you and your divorcing spouse must agree upon remain the same across the board, including:
The division of your marital property
Your child custody arrangements
The more terms that you can negotiate between yourselves – including those terms you agree to in mediation – the fewer that you will need the court to address on your behalf.
Mediation offers you and your spouse the opportunity to attempt to find divorce terms that you are both willing to sign off on in a far more comfortable environment than a courtroom. Further, you and your spouse will both be accompanied by your respective divorce attorneys, and a mediator – who is a neutral third-party and is experienced at helping couples resolve divorce issues – will guide the discussion. Many divorcing couples respond positively to this environment and problem-solving format.
Mediation can also offer all of the following benefits:
At mediation, you and your divorcing spouse remain in control of your divorce terms, and you are not required to abdicate power to the judge in your case.
Mediation tends to be far less expensive than going to court, and it allows for much greater scheduling flexibility.
Mediation can save a good deal of time. Litigation is a notoriously cumbersome and lengthy process that also tends to be nerve-wracking.
You can retain far more confidentiality at mediation. Court files are a matter of public record, but information regarding your mediation is privileged and remains private.
Mediation can help you set the stage for more-open communication between you and your ex post-divorce.
An Important Caveat
While mediation can be a great option, it is important to note that there is an exception to this rule. If you do not believe your divorcing spouse is entering into mediation in good faith – is not open to compromise – mediation is not likely to help. If your spouse is intent upon digging in his or her heels and not giving an inch, mediation can end up being simply another step (that takes additional time and is an additional expense) on the way to litigation. Your experienced divorce attorney will help you determine your best path forward.
A Dedicated Killeen Divorce Attorney Can Help
Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is an astute divorce attorney who is committed to helping you obtain favorable divorce terms with the least intervention from the court as possible – without sacrificing your rights or best interests. For more information, please do not wait to contact or call us at 254-501-4040 today.