The topic of divorce is often difficult to talk about, but it’s important to understand your options before you start going through the process. One path that divorcing couples are choosing to explore more and more these days is divorce mediation. This refers to the process of the divorcing couple meeting with a mediator, an impartial third party, to discuss the terms of a divorce. Many people find that mediation is a more simple and less expensive alternative to a standard divorce since a trial is not required, though they can still have the guidance and counsel of their respective attorneys.
The mediation process is a bit different than a standard divorce process. Mediation allows both parties to come to a mutual agreement on the terms of their divorce instead of leaving these decisions up to a judge. To start, each party’s lawyer will typically prepare a list of marital assets to present to the mediator for review.
Next, the lawyers will help each spouse determine and communicate their requests to the mediator to help provide a clear picture of what each party hopes to accomplish with the divorce. The mediator will then work with each individual party to negotiate an agreement for each issue. After the mediation is complete, the attorneys will create an MSA (mediated settlement agreement) for their clients to sign. Once this document is complete, an attorney will then create the Final Decree of Divorce for review and approval by each spouse. After this document is signed by both parties, the attorney will bring this to court to prove up the divorce.
There are certain scenarios in which it might make sense to pursue mediation instead of traditional divorce litigation. First, if you agree on all terms of your divorce, you should not need either mediation or litigation. However, if there are some sticking points, mediation can help you reach a resolution without going to court. Some issues you might agree on in mediation include:
Even if you and your spouse are not cooperating, mediation can help facilitate compromise in new ways. If you think that you and your spouse might be good candidates for divorce mediation, the next step would be to contact a Cedar Park divorce attorney to discuss next steps.
If you are starting to consider a divorce, it is advisable to speak with a professional who can outline your different options. Divorce mediation might be a good solution for you, but before making a decision, you will want to speak with an experienced attorney. At The Jackson Law Firm, our team is here to support you through this process, and we are dedicated to making divorce as easy as possible for our clients. Call us today at (512) 528-1900 to schedule a free initial consultation.