Understanding Mediation and Its Benefits in Your Texas Divorce

Understanding Mediation and its benefits in your Texas divorce

Embarking on a divorce in Texas can be a complex and emotional process. Understanding mediation as an alternative to traditional litigation can be a game-changer. This concise guide will explore the key benefits of mediation, offering a smoother and often more amicable path through one of life鈥檚 challenging transitions.

The Benefits of Divorce in Mediation: An Overview

The popular conception of divorce that most people hold before actually starting one is that the case will likely end up with both you and your spouse standing before a judge.

You each will have amassed a mountain of evidence to utilize against one another. The judge will sit and evaluate each party鈥檚 evidence to determine the 鈥渨inner鈥 of the divorce. The winner gets more time with the kids and more money, and the loser gets the short end of the stick on both accounts.

With this belief in mind, it is no wonder why people wait until a divorce is filed for in many instances. If this were the reality, I could not blame a person for starting a case.

On the contrary to the above scenario, you are much more likely to finish your case by settling with your spouse rather than to go in front of a judge to have them do the same for you. One of the reasons settlements occur with such frequency in Texas divorces is mediation. This will be the topic of today鈥檚 blog post from the Law Office of Bryan Fagan, PLLC.

What We Know About Your Divorce Before It Is Even Filed

In every divorce case, certain constants exist. You and your spouse will both aim to reach a resolution that aligns with your individual interests.

Ideally, the outcome should be equitable, but 鈥榝airness鈥 varies from person to person, including you, your spouse, and the family court judge. Hence, family law cases hinge on concrete facts and evidence. The power of your case doesn鈥檛 stem from your perception of fairness but from the skillful gathering and presentation of evidence by you and your attorney.

Mostly, you compile evidence for your spouse rather than a judge. Turning to a judge in a temporary orders hearing or final trial usually represents the final step. The family law process forces you to assert your position, regardless of whether your case settles outside of court, with courtroom advocacy remaining a separate possibility.

The inherent setup for court proceedings brings complexity to divorce cases. Right from the start, when you file an Original Petition for Divorce and possibly request Temporary Orders, you establish a framework for confrontation.

Your spouse鈥檚 Answer and Counterpetition add to this dynamic. This occurs even before lawyers exchange basic courtesies, laying the groundwork for potential conflict.

The Benefits of Mediation: It Is an Alternative to Conflict

Understanding Mediation and its benefits in your Texas divorce

Although mediation won鈥檛 eliminate all conflict in your divorce, it offers an alternative to the court system for addressing unresolved issues. If you can resolve your conflict outside of court, you will likely do so during a mediation session.

Mediation typically takes place in the office of a neutral, third-party family law attorney whom you and your spouse both hire to help settle your case.

Alternatively, mediation can take place through the county where you have filed your divorce. However, using a private mediator is more common than this approach.

During mediation, the mediator will place you and your spouse, along with your respective attorneys, in separate rooms at the mediator鈥檚 office. This arrangement ensures that you do not have to encounter each other directly.

I have been a part of mediations (through Montgomery County, for those interested) where the mediator has requested that we begin the process sitting face to face with one another. This has caused problems in that one spouse has done something, rolled their eyes, failed to acknowledge the other, etc., which has taken the mediation off track.

What happens during mediation?

A mediator acts as a ping pong ball, bouncing back in between your room and your spouse鈥檚 room to go through the outstanding issues of your case and help each side work out an agreement. Part of a mediator鈥檚 job is to assist both you and your spouse in understanding your cases鈥 strengths and weaknesses.

To help you decide whether to proceed to court or to settle your case in mediation, this approach serves as a guide. Typically, most people find it more beneficial to make this decision themselves, although exceptions may exist in your case.

When mediating a case, consider both financial and emotional aspects. If you understand the risks of presenting your case to a judge and still cannot reach an agreement, you have the option to proceed to court. However, with the support of a strong advocate, you can determine the best course of action for you and your family. Often, a creative, conscientious, and intelligent mediator can guide you towards an agreement that merits serious consideration for resolving your divorce case.

Questions on divorce and mediation? Contact the Law Office of Bryan Fagan, PLLC, today.

Understanding Mediation and its benefits in your Texas divorce

If you are considering a divorce or have had divorce papers served upon you, please contact the Law Office contact the Law Office of Bryan Fagan, PLLC, to learn more about divorce in Texas. Our office represents clients across southeast Texas and would be honored to do the same for you. We offer free consultations with our licensed family law attorneys six days a week.

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