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You can control the outcome of your divorce with mediation

Posted on in Firm News

Would it not seem more reasonable for you and your spouse to control the outcome of your divorce rather than submit to the decisions of a judge?

You can choose mediation, a type of alternate dispute resolution, or ADR, which is growing in popularity as an alternative to litigation.

Choosing mediation

Under Texas law, a divorcing couple must usually undergo mediation before the court will hear their case. However, in many areas of the country, couples prefer mediation as an alternative to litigation. If you want to control the outcome of your own divorce rather than submit to a judge’s decisions, you can choose mediation. There are additional benefits, including considerable savings in both time and money. Unlike litigation, which is a public process, mediation sessions take place privately behind closed doors in a setting that, as compared to court, is much more informal.

Understanding the role of the mediator

The mediator’s main job is to facilitate communication between the participants. The mediator does not take sides, but instead helps clarify matters of importance, finds alternatives to resolve issues, shares information about the Texas legal system and guides discussions on major points such as those involving support or child custody. Few divorces prove too complicated for mediation, and, if necessary, participants can rely on assistance from outside professionals such as accountants, appraisers and financial planners.

Overcoming doubt

Some people worry that they will not experience the benefits of mediation because their soon-to-be-ex is too dominant and overbearing. Trained mediators do not permit one spouse to dominate the other. Mediation is not a competition. The goal is for parties to cooperate to reach a mutually satisfactory agreement and do so without the pressure, rancor or bitterness often found with litigation. Once they begin working together under the mediator’s guidance, most couples appreciate how peaceful and effective a process mediation can be.

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