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.
When parties divorce, many will start the process in mediation sessions either because they choose to or because their county requires it. Mediation gives divorcing spouses the opportunity to resolve matters themselves without going to court.
Often, mediation proves to be successful. Participants exit the process feeling satisfied that they could maintain more control over the outcome than if they had gone to trial. However, that is not always what happens.
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.
Reasons Why Mediation May Not Work
There are several reasons why attempts to mediate a divorce may not be successful. In some cases, the issues are too complicated for individuals to resolve themselves. They must present evidence, have witnesses testify and make arguments in court to have a judge make a decision.
In other cases, parties simply cannot reach an agreement themselves. There may be one or a few issues that prove to be impossible to resolve outside of court.
It is also possible that mediation is not a safe environment to resolve disputes. For example, if one party has a history of abusing or manipulating the other person, it can be unrealistic to expect cooperative efforts to work.
Finally, mediation may not be the best solution if one or both parties refuse to participate. Refusal could include intentionally sabotaging negotiations, holding onto unrealistic expectations or failing to show up for mediation sessions.
What happens next?
If mediation fails, parties may decide to try it again with a new mediator if they are not successful the first time around. They might also choose to try a collaborative divorce.
However, if alternatives to litigation do not settle all divorce-related matters, those that remain unresolved will go to the courts for a judge to make a decision.
You are Not Alone During a Divorce – We Can Help
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. Give us a call at (832) 688-6606 to speak to an experienced attorney in Houston, TX
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