Divorce mediation is a powerful tool for helping divorcing spouses find a way forward. While mediation isn’t necessary in every divorce, when it is necessary, it can help divorcing spouses overcome even highly contentious disputes without the need to go to court.
With this in mind, what do you need to know about mediation if you are considering (or struggling to finalize) a divorce in Texas? Here is an overview of the benefits, limitations, and practicalities of the divorce mediation process:
What Is Divorce Mediation?
Divorce mediation is a dispute resolution process that is designed specifically to help spouses find a way to come to terms without going to court. In this context, a “dispute” doesn’t necessarily have to be a contentious disagreement. Even when spouses are largely in agreement on the terms of their divorce, it is common to have certain conflicting interests and priorities—and mediation can offer a path toward a solution that the spouses would not have otherwise considered on their own.
In divorce mediation, the spouses work together with a neutral third-party mediator. The spouses can be represented by their respective attorneys during mediation, and having legal representation during the mediation process can help ensure that both spouses are making informed and rational decisions. Unlike a judge, the mediator’s role is not to make decisions for the spouses. Instead, the mediator’s role is to facilitate good-faith discussions and offer unbiased solutions informed by years or decades of relevant experience.
Who Should Use Divorce Mediation?
As we just discussed, divorcing spouses can use mediation in a wide range of scenarios. There is no single “right” situation in which using divorce mediation makes sense. Some examples of ways divorcing spouses can use mediation include:
- To decide how to equitably divide their assets and debts;
- To establish a detailed parenting plan; and/or,
- To take a comprehensive and cohesive approach to the divorce process focused on ensuring that they have the certainty they need for the future.
To be clear, if divorcing spouses can come to terms on their own, then mediation won’t be necessary. Using mediation is completely optional (although judges will require divorcing spouses to try mediation before going to trial in some cases). With that said, even when divorcing spouses believe they are 100% on the same page, it will still be important for each spouse to engage a divorce attorney who can help ensure that they have given due consideration to all of the various issues involved in bringing their marriage to an end. Â
What Is Involved in the Mediation Process?
One of the most important facts to understand about the mediation process is that it is non-binding. Neither spouse is required to participate, and either spouse can choose to terminate the process at any time.
Why, then, is pursuing mediation worth it?
When both spouses are interested in finding a mutually agreeable path forward, mediation offers several benefits. During mediation, the mediator will collect information from both spouses, and the mediator will consider both spouses’ points of view. The mediator will then work with the spouses (and their respective attorneys) to identify and evaluate potential means of resolution. The mediator will continuously consider feedback from both spouses, and the mediator will work to help the spouses craft a custom-tailored solution that allows them to move forward.
Divorce mediation can either take place in a single session or in multiple sessions scheduled over a period of weeks or months. For relatively straightforward divorces, a single mediation session may be enough. For more complex divorces—such as those involving significant assets or long-distance co-parenting—it may take multiple sessions to craft a comprehensive and cohesive solution that adequately addresses both spouses’ wants and needs.
What Are the Possible Outcomes of Divorce Mediation?
Broadly speaking, divorce mediation has two potential outcomes: either it will result in an agreement or it won’t. If divorce mediation results in an agreement, then one of the spouses’ attorneys will formalize the terms of the spouses’ agreement in a written divorce settlement. If divorce mediation doesn’t result in an agreement, then each spouse will need to work with his or her attorney to evaluate potential next steps.
With that said, while it is possible for divorce mediation not to result in an agreement, it usually does. Remember, divorce mediation is voluntary, so if both spouses agree to pursue mediation, this means that both spouses want to find a way to come to terms. When divorcing spouses are willing to work together, and when they are both willing to make informed and rational decisions, there is a very good chance that a skilled mediator will be able to help them find a path forward.
What If Mediation Doesn’t Result in a Settlement?
If a skilled mediator can’t help divorcing spouses find a path forward, what are the next steps? The answer to this question depends on the specific circumstances at hand.
Even in this scenario, divorce litigation is not inevitable. Oftentimes, divorcing spouses will be able to use the insights they gained from the mediation process to continue pursuing a negotiated resolution. Once any animosity has faded, divorcing spouses may be able to resume their negotiations with their respective attorneys by their sides.
If divorcing spouses are truly at an impasse, then going to court may be the next step. While it is becoming increasingly uncommon, some divorces do go to court. If your divorce gets to this stage, your divorce attorney will be able to help you make informed decisions about how to proceed with your long-term best interests in mind.
Contact Roberson Duran Law in San Antonio, TX for More Information
Would you like to know more about divorce mediation? Or, do you have other questions about the divorce process? If so, we invite you to get in touch. To schedule a confidential initial consultation with an experienced San Antonio divorce lawyer at Roberson Durant Law, please call 210-224-4077 or book an appointment online today.Â