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What is Divorce Mediation?

Posted by brian on May 12, 2020
hands of a couple arguing divorce

If you are facing a divorce, you likely have serious concerns about the legal process ahead. While you have probably heard of divorce mediation, you may not know a lot about it. Mediation is a private event (outside of the court) in which a professional mediator (a neutral third party) helps the divorcing couple come to mutually acceptable divorce terms. Understanding the mediation basics can help you better understand your options as you move through your divorce. If you’re divorcing, you need the professional legal counsel of an experienced Cedar Park divorce attorney on your side. 

The Elements of Your Divorce

Every divorce follows its own unique path, but the basic components of divorce remain the same. Every divorcing couple must come to mutually acceptable terms regarding the following important factors (as applicable):

 

  1. The division of your marital property (that property that you accumulated together as a married couple)
  2. Child custody arrangements
  3. Child support
  4. Spousal maintenance (often called alimony)

 

If you and your spouse are unable to come to terms that you can both sign off on, the court will intervene on your behalf. The vast majority of divorces are settled before court intervention becomes necessary, and mediation is often the deciding factor.

Levels of Intervention

Some couples are able to come to terms in every divorce element with only the help of their respective attorney’s guidance. If this is not the case, couples sometimes move forward with more serious levels of intervention, including:

 

  1. Your respective attorneys negotiate for mutually acceptable terms on your behalf.
  2. You and your divorcing spouse (along with your respective attorneys) come to mutually agreeable terms via mediation.
  3. Your unresolved issues are decided by the court. 

 

Once you take your divorce issues before the court, you give up your right to make these important decisions for yourselves. 

Mediation

Mediation is strongly encouraged by Texas courts. Mediation is less expensive than taking your divorce before the court (in terms of legal fees), and it provides you with the opportunity to hammer out your own compromises with your soon-to-be-ex. Further, mediation is a highly effective conflict-resolution tool that involves an extremely flexible process, which only becomes binding once both you and your divorcing spouse sign off on the terms you’ve mutually agreed to. 

 

Finally, mediation is not an all or nothing proposition. For example, if you go into mediation with three major issues left unresolved and you leave with only one issue unanswered, you’ve managed to move forward in the process and will only need to involve the court in that final unresolved matter. 

Discuss Divorce Mediation with an Experienced Cedar Park Divorce Attorney Today

If you’re facing a divorce, mediation can be a great option for finding middle ground with your divorcing spouse. The dedicated divorce attorneys at The Jackson Law Firm in Cedar Park, Texas, are committed to effectively and efficiently helping you obtain divorce terms that work for you and your children. Our skilled legal team has extensive experience helping clients like you successfully maneuver through the mediation process, so please do not hesitate to contact us online or call us at (512) 528-1900 today.

 

 

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