Decatur Family Law and Probate Attorney

The advantages of mediation before trial

On Behalf of | Nov 3, 2023 | Divorce

Divorces often involve complexities, nuances and heightened emotions. In Texas, mediation has become a common step in divorce proceedings.

For example, many parties use it to resolve disputes and avoid a trial.

Amicable resolution

Most judges will not hear a divorce case unless the parties first try alternative dispute resolution methods such as mediation. In fact, at least 90% of divorces end as uncontested but that does not mean they started that way.

Divorce proceedings can be contentious and charged with emotion, leading to long and costly trials. Mediation offers a neutral, safe space for both parties to communicate and work together to find common ground.

By focusing on effective communication and cooperation, couples often find it easier to agree on matters such as property division, child custody and alimony, reducing the stress and animosity associated with divorce trials.

Time and money savings

Trials can be lengthy, involving extensive legal proceedings and court appearances. This not only prolongs the emotional turmoil but also increases the financial burden on both parties. Mediation typically occurs outside the courtroom, and with the help of a skilled mediator, couples can resolve their differences more efficiently, avoiding the protracted legal battles associated with divorce trials.

Privacy

Maintaining privacy is a concern for many divorcing couples. When a divorce goes to trial, the proceedings become a matter of public record, exposing personal and financial details to scrutiny. Mediation offers a more discreet alternative, where discussions and agreements remain confidential.

Customization

Mediation allows for tailored solutions. In a trial, the court imposes a judgment that may not fully address the unique needs and preferences of the parties involved. Mediation, on the other hand, enables couples to create solutions that better suit their circumstances and requirements, making it a more flexible and personalized approach to divorce resolution.

These factors make mediation a popular choice for couples seeking to navigate the difficult process of divorce while minimizing stress and conflict.