Your marriage has ended and you’re considering filing for divorce. You may have some disagreements about custody and visitation, support, or the division of property, but you don’t want to get into a protracted and expensive legal battle to resolve your differences. Divorce mediation may make sense for you.
What is the role of mediation in a Texas divorce? What does it look like and how can it benefit you?
Mediation is an alternative form of dispute resolution in which the parties seek assistance outside the courtroom to find solutions to conflict. Divorce mediation can focus on any unresolved issues related to a marital breakup, from where minor children will reside to the amount of child or spousal support or allocation of property and debts.
In mediation, the parties to a dispute work with a neutral third party whose job is to try to find mutually beneficial ways for the parties to move forward. The mediator does not represent either party and does not render any decisions or determine the outcome of the process.
The mediator typically asks each party to explain their differences and identify their needs and desires. The mediator won’t, however, take testimony from witnesses or consider evidence. If the mediator successfully brings the parties to agreement, the terms of the agreement are put in writing. The settlement agreement is then signed by both parties and the judge.
The parties are not required to resolve their differences in mediation. If they cannot come to agreement, the case goes back to court to proceed through the traditional divorce process.
Typically, the mediator initially meets with both parties to get their respective versions of the facts and establish ground rules. If the mediator cannot bring the parties to immediate agreement, the mediator will separate the parties and meet with them individually, seeking information on how they might be able to find common ground. This sort of “shuttle diplomacy” continues until the parties reach agreement or find themselves at an impasse that cannot be overcome. If there’s an agreement, the mediator will bring the parties back together and confirm the terms of the resolution.
Mediating a divorce settlement can have the following benefits:
- Typically less expensive
- Resolution of disputed matters in a more timely manner
- Direct input by the parties into how the dispute is resolved, rather than being subject to the decisions of a judge or jury
- Less emotional toll on parents and children
In most instances, mediation can be an effective way to resolve your differences. However, if there’s a past history of intimidation, bullying, or abuse, mediation may not be effective. Also, if the proceedings are contentious and either or both of the parties lack the willingness or ability to work cooperatively, mediation will likely be futile.
At the law offices of Bailey & Galyen, we have provided comprehensive and compassionate counsel to people in divorce proceedings in Texas for more than 40 years. We have a thorough understanding of the issues that can arise in a divorce, from the determination of custody and visitation to child support, spousal support, and the division of marital debts and assets under the Texas community property laws.
We have considerable experience protecting the rights of clients in divorce mediation and can help you determine if it’s right for you. Contact us by email or call our offices. Our phones are answered 24 hours a day, seven days a week.
