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Mediation Lawyers Resolving Issues
Divorce is never easy. However, mediation is often one of the easiest ways to go about it. In many cases, the two former spouses are able to discuss the terms of the divorce with a mediator and resolve their issues without coming in front of a judge.
Mediation can work for many couples. If you and your spouse are divorcing amicably, or are at least able to have a calm conversation, it might be the right choice for you. There are many benefits to mediation.
Avoid public records
Mediation is always much less expensive than a court trial. It is also confidential, so there is no public record of what happens in your sessions. Many people hate the idea of their friends, family members, or colleagues being able to read the transcript of their divorce. Mediation also allows the spouses to determine what seems fair to them, instead of what the legal system determines as fair. Texas mediation lawyers can also help the former partners learn how to communicate as exes, which can be particularly helpful if they will be co-parenting going forward.
Of course, mediation is not for everyone. If your marriage has involved abuse, you might not want to go through the mediation process. If one partner is still hoping for a reconciliation, mediation usually will not work well. Since a mediator cannot make legal orders, a spouse can delay the proceedings by stalling in mediation. Both parties need to be willing to compromise and negotiate in order for a mediation to succeed.
Arranging Mediation in Texas
The mediation process usually begins with a phone call with the mediator, where you provide some background information. At your first meeting, the mediator will explain how the process will work. You’ll figure out what topics you already agree on (perhaps you both agree that one of you would make a better custodial parent, or you both have the same idea of what should happen with the family home) and determine what still needs to be accomplished. Usually, you’ll need to go get some more information, such as the exact value of all of your assets.
A successful Texas mediation requires that you are willing to listen to your spouse and come to understand their position. That does not mean you have to agree, you just need to understand what is important to them and think about how you could compromise.
You have the option of having a lawyer present during mediation. Sometimes, both spouses decide to have lawyers on their side during the mediation process. Most mediators will encourage you to attend the first session alone, and then bring a lawyer to your later sessions if it feels necessary. Eaton Family Law is happy to be a Texas mediation lawyer. We can also suggest a Texas mediator.
Once you have completed your agreement, the mediator will usually write out the agreement and a parenting plan, if applicable. Along with your divorce decree, this paperwork will be filed with the court and is legally enforceable. If one spouse does not follow the custody agreement or agreements about the division of property, the other spouse can take them to court, later on, to have the agreement enforced.
Mediation is a good way to end your marriage in a way that feels comfortable for everyone involved. When you go through mediation, you can be confident that your opinions will be heard and communicated, and your mediator can help keep potentially emotional conversations on track and help you and your ex come to agreements that you can both be satisfied with. In fact, agreements made in mediation are followed more often than those came to in court.
If you think a mediation attorney in Texas might be right for you, give us a call today, and we can help your mediation get started.