Why More Couples Are Choosing Divorce Mediation
Divorce mediation has increasingly become an alternative for couples during divorce. It is more affordable than going to trial. And, it also less adversarial.
What Should You Expect?
For mediation to occur, you and your spouse must both agree on a mediator. However, you and your attorney will meet privately with the mediator. Your spouse is not present in the room with you.
Private sessions can be very helpful. This isespecially true in a divorce where one spouse feels intimidated by the other spouse.Moreover, divorce mediation is a way to settle your differences. In addition, you can still keep your matters confidential. As a neutral third party, your mediator holds in confidence whatever you say. However, if you want, you can also make your communication known to your soon-to-be ex. Unlike court hearings, no one records your discussion with the mediator. It is not part of a public record.
Typically, the mediator addresses whatever issues you have in conflict and works to help you find common ground. For example, let’s say you were having trouble resolving child custody. Perhaps, you and your spousecould not agree on visitation arrangements. The mediator might suggest other ways of meeting. Or the mediator might suggest alternating holidays or work to help you reach a compromise.
In addition, mediators are usually attorneys. And, having a mediator who is an attorney provides an advantage. Attorneys have knowledge and experience as to thetypes of agreements the courts generally uphold. If your goal is unrealistic, the mediator will let you know. Then you can pursue another resolution.
Mediation and Domestic violence
Under most circumstances, mediation helps resolve issues. However, when domestic violence influences the mediation, the court will not allow it.
In fact, the Texas Family Code allows a spouse or parent to file an objection to a final mediation order for a parent-child relationship. The court permits the objection if family violence was committed against the other parent or child subject to the lawsuit.
Let Us Know If You’re Interested in Mediation
At Richardson Brown Law, we have considerable experience working with clients as mediators. As attorneys, we also represent clients in divorce mediation.