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Understanding mediation and what a mediator does during divorce

May 25, 2021 | Divorce

Preconceptions about the divorce process can make people feel vulnerable and defensive from the start. They might brace themselves for a highly contentious experience, fearful of losing property, parenting rights and their sense of stability.

However, many people find that divorcing in Texas is less combative than they may expect. This can be particularly true for those who resolve matters with the help of a mediator.

How mediation works in Texas

Mediation is a cooperative process where two parties work together to reach agreements regarding child custody, property division and other legal issues.

This process generally costs less and moves more quickly than litigation, which is why it is often preferable to going to court. Additionally, it motivates parties to work together, which can alleviate many of the concerns people have about the divorce process.

Another benefit to mediation is that a mediator will be there to help you.

The role of the mediator

A mediator generally will not force you to agree to anything or give you legal advice during mediation; they help you in other ways.

Mediators have training and certifications aimed explicitly at helping disputing parties reach solutions together. They can do this using skills like:

  • Keeping conversations balanced
  • Identifying and stopping abusive or unproductive exchanges
  • Providing objective feedback
  • Offering creative solutions
  • Providing encouragement and direction
  • Guiding parties toward compromise

These tools and capabilities allow mediators to keep sessions productive and conversations fair. In other words, they create an environment that is less combative and more cooperative, making it easier for parties to work together toward a shared goal.

You are not alone during divorce

If you are divorcing in Texas, mediation could very well be in your future. Know that you need not navigate this process alone. Not only will you have the assistance of a mediator, but you can also have your attorney providing legal guidance and other professionals addressing custody and financial matters.

Mediation allows parties to minimize the cost, drama and conflict associated with litigating a divorce. It can also motivate you to act not out of fear but in the interest of securing fair solutions.

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