Lawyer goes over the benefits of mediation to a divorcing couple.

The Benefits of Mediation in a Divorce

Tens of thousands of Texans choose to end their marriages every year, and these people must deal with a variety of complex issues, such as property division and child custody. Many of these couples end up in long court battles, which can be both time consuming and costly. Others, however, choose to resolve these matters amicably and efficiently through the mediation process. And although mediation is not appropriate for everyone, it offers several benefits.

Benefits of Mediation

Mediation saves time 

People often choose mediation because it enables them to resolve their issues outside the courtroom. In mediation, the parties and their attorneys meet with a neutral third-party (the mediator) who attempts to guide the parties towards an agreement. When a couple is able to reach an agreement on the issues quickly, this enables them to avoid a lengthy and expensive litigation process.  

Mediation is private 

Mediation offers more privacy than the litigation process. Courtroom proceedings are often public record, while mediation takes place in a confidential setting. While your Final Decree will be part of the public record, there will be no transcript of the mediation (as there would be for a final hearing) that will need to be made part of the court’s file. Any offers exchanged in mediation can’t be used in court and the mediator can’t be called to testify about the mediation process.

Mediation is beneficial for children

Since mediation usually speeds up the divorce process, children aren’t forced to remain in transition for very long. This enables children to quickly establish new routines and develop a sense of stability and permanency. In addition, mediation tends to be less adversarial than mediation, and this is good for children. Since mediation puts the decision making power back in the hands of the parties, they tend to be happier with the results as well which can reduce any long term hostility that would be detrimental to the children.

Mediation is personalized

As opposed to judges in court, mediators have more time with the parties during the mediation process. Thus, mediation tends to be much more personalized than the traditional litigation process. This is important, particularly when discussing sensitive topics, such as who the children will live with or who will keep the family home. Also, since the parties are ultimately the ones who agree to the mediated settlement agreement, they are empowered to decide what is most important to them and to suit the final order to their needs and their situation.  

Mediation is suitable for all types of couples

Although all types of couples can benefit from mediation, couples who are able to successfully work together are the best candidates for mediation. Those who tend to have the most success with mediation are those who respect one another and can approach mediation in a mature manner.

Mediation is legally binding

Settlements reached in mediation are legally binding. If the parties enter into a mediated settlement agreement in Texas, it is extremely difficult to back out later. That gives you certainty that if you settle at mediation, your case will end on the terms you agreed to. Of course, if a couple cannot reach a settlement through mediation, they will have to continue their divorce process via the traditional litigation process. However, regardless of whether a couple chooses to mediate their case or not, both spouses should strongly consider hiring a Texas family law attorney for guidance. 

Contact our Denton County mediation lawyer 

If you are seeking a divorce in Texas, you need an experienced mediation attorney on your side. At Youngberg Law Firm, we understand the types of difficulties you are going through and will work to achieve a fair and just outcome on your behalf. Our experienced divorce mediation attorneys serve clients throughout Denton County, including Flower Mound, Highland Village, Little Elm and Denton. Therefore, if you need a divorce mediation attorney in Texas, please contact us today for a consultation.