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The Benefits of Mediation in a Texas Divorce

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Divorce may be one of the most difficult events that an individual has to cope with in his or her lifetime, and because of that, it often comes with a string of emotions, ranging from hurt and sadness to anger and frustration. It is these emotions that lead to long, drawn out battles over everything from furniture to the children, and subsequently, the high costs typically associated with divorce.

If you and your spouse are both feeling bitter about your impending separation, and if you just cannot agree on anything, you may want to consider divorce mediation. Divorce mediation gives you a venue in which to discuss your issues regarding the divorce and to attempt to reach an agreement with the help of a trained, neutral third-party.

Mediation Allows You to Take Control of Your Divorce

In a divorce trial, the judge will review the evidence presented by each party - including each party's role in the divorce and the desired outcome of each party. They will also make custody arrangements and support orders based off of the same evidence. The judge does not know either individual personally, and is not likely to care if one or both of you leave the courtroom feeling dissatisfied with the outcome of your divorce hearing.

On the other hand, mediation offers you and your soon-to-be-former-spouse a chance to work out some of your differences, and to hopefully come to an agreement regarding the division of assets and child rearing. Through mediation, many couples have been able to divide their property and come up with a custody schedule that works best for the both of them. While mediation does not remove the need for compromise, it does offer the ability to negotiate, and therefore allows each party to get what is most important to them out of the divorce.

Benefits of Mediation

In divorce, individuals who once vowed to spend their lives together and to care for each other in sickness and in health suddenly have nothing nice to say to one another. Unfortunately, the goal of most individuals going through a divorce is to hurt their former spouse - through words, actions, and manipulative techniques. In mediation, such behavior is not allowed, giving each party a chance to say their piece without fear of backlash or retaliation from their former spouse.

Additionally, mediation cuts down on the time and costs of your divorce. A typical divorce takes 11 months to settle, and costs anywhere from $12,200 to $19,600. However, the more issues that go to trial, the more expensive the divorce will be. A Texas divorce is so expensive because of all the legal fees and court fees accrued due to the constant filing of motions and going to trial over every little issue. With mediation, most couples find that they are able to resolve most or all of their major divorce issues, and that going to trial is an unnecessary expense.

Is Mediation Binding?

According to the Texas Family Code, Section 6.602, a mediation settlement agreement is binding IF the agreement meets all three of the following requirements:

  • It states in boldfaced type, capital letters, or underlined letters, that the agreement is non-revocable;
  • It is signed by both parties; and
  • It is signed by the divorce attorneys - if any - that are present at the time that the agreement was drawn up.

Retain the Help of a Dallas Divorce Attorney

At the Clark Law Group, we try to help our clients achieve a fair and amicable divorce outcome whenever possible. If you and your spouse cannot agree on any aspect of your divorce, and if you are worried that the whole process is never going to end, it may be time to consult a divorce mediator. Our divorce attorneys can connect you and your spouse with an experienced mediator, and assist you in coming to an agreement that satisfies you both. To see how mediation can help you, contact our family law firm at 469-906-2266 or online today.

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