Is Divorce Mediation the Right Choice for Your Texas Divorce?
Posted on in Divorce
There are many couples who go through a divorce who battle over everything from child custody to who gets the silverware. The divorce is so contentious that the couple cannot agree on anything, dragging out the process and leaving a judge to figure out who gets what. But more and more divorcing couples are able to work together and come up with an amicable, negotiated divorce settlement. This alternative dispute resolution usually means the process goes much quicker and is much more cost-effective since attorney fees are usually at a minimum.
Parties Who Can Benefit from Collaborative Divorce
The people who can most benefit from mediation or other alternative dispute resolution are those that can still have a civil relationship. This type of divorce involves working together without the benefit of a judicial referee. Consequently, spouses need to be able to sit down at a table together and speak rationally enough to come to an agreement.
Mediation involves the couple making the commitment to communicate, negotiate, and work together in reaching a mutual agreement that both spouses will benefit from. This collaboration is not only better for the divorce process, but if the couple has children, it is also a good foundation to establish for co-parenting.
Mediation allows the couple to maintain control over their future, in control over decisions that will affect each of them, as well as their children, instead of having a judge make the decisions for them.
Couples Who May Want to Use Traditional Divorce
Unfortunately, not all couples will be able to take full advantage of the alternative resolution process. Some spousal relationships are just too shattered for people to comfortably sit down together and talk things out. This is completely understandable given the emotionally-charged nature of many divorces, and those couples may be better served by using the traditional divorce litigation process.
The other set of spouses who may be better off with traditional divorce are those whose relationships have imbalanced power dynamics. There are some marriages where one member is particularly averse to conflict or is unwilling to stand up to the other spouse. In those cases, mediation may allow the more dominant partner to get the better of the other one, rather than actually producing an outcome that the pair of them could both be happy with.
Contact a Plano Divorce Attorney
If you are considering a divorce and would like to discuss what options may be available for you, call Law Office of Brian Bagley at (972) 843-7158 to schedule a free and confidential consultation with a skilled Collin County divorce mediation lawyer.