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Is Mediation The Right Choice For My Texas Divorce

By May 27, 2024June 17th, 2024No Comments

When navigating the complexities of divorce proceedings in Texas, couples sometimes seek alternatives to the traditional courtroom battles. One alternative gaining popularity is mediation. 

Mediation can be helpful when issues resurface or new disputes arise regarding custody or financial issues. But is mediation the right choice for your Texas divorce? In this blog, the divorce attorneys at C.E. Borman in Bryan, Texas explore this question further by explaining what mediation is and when it can be beneficial. 

The Benefits of Mediation for Your Texas Divorce

Mediation is a process where participants meet in a safe environment with an impartial mediator who facilitates communication between divorcing spouses to help them collaboratively reach mutually acceptable agreements. Unlike litigation, mediation encourages cooperation and compromise, aiming for a more amicable resolution to divorce-related issues such as child custody, property division, and spousal support. If you have children, it can also be the building block to the beginning of a healthy co-parenting relationship. 

Using a mediator can effectively help to resolve issues in your divorce. The goal is to work toward a satisfactory resolution of the issues, without the additional time and expense involved in litigation.

 Mediation is a great resource as it can help with many legal matters such as:

  • Child custody, visitation, and parent arrangements
  • Interpersonal conflicts
  • Dividing assets and property
  • Prenups, postnups, and spousal support

Mediation is a confidential process. You will have the ability to talk to your mediator without worrying about the other side hearing or knowing what you said. The majority of mediation sessions result in an agreement reached by participants. A mediator’s primary goal is to help you reach an agreement so that you can move forward with your divorce.

A Mediator is not a licensed therapist, however, they may act in a similar way. You will find that some Texas family law attorneys can also act as a mediator to help resolve the conflicts within your divorce.

Is mediation mandatory in a Bryan, Texas divorce?

No, mediation is not mandatory in the state of Texas. However, a judge will issue mediation sessions for ex-spouses that can not come to an agreement on issues such as child custody and division of assets.

In most Texas divorce cases, a judge will not let a divorce reach a hearing unless there has been an attempt for court-ordered mediation. If mandated mediation sessions are ignored, a judge may decide to dismiss the case entirely. If a couple has been ordered mandatory mediation then it is extremely important that both parties attend. 

There is also a huge benefit to mediation because you can both come to an agreement that is beneficial for both parties. If the judge decides on a decision, it could be one that is not beneficial to either party.

However, it should be noted that if there is a history of family violence or abuse within the home divorce mediation would not be mandatory. This is according to Sec. 6.602 of the Texas Family Code.

The five stages of mediation in Texas

  1. Opening Statement – both parties will bring a list of their disputes and issues and what their goals for the session would include.
  2. Joint discussions – both parties will then ask questions and discuss their issues and how they would like a resolution to the situation.
  3. Private discussions – both parties will meet with the mediator separately. Each of you have the opportunity to explain your side and discuss your issues. The mediator will give options that could help to resolve the issues.
  4. Negotiation – At this time, both parties are ready to come to an agreement. The issues and solutions that were discussed in private will be suggested to both parties in order to reach an agreement.
  5. Settlement – both parties must reach an agreement in writing. If both parties can not come to an agreement then the divorce will then go on to trial.

Watch the video: The Truth About Mediation

Working with a Bryan, Texas Divorce Attorney

When considering options related to your divorce, it is important to work with a trusted Texas divorce attorney. An experienced attorney can help you understand the process and guide you through the mediation process successfully.  The C.E. Borman team has been supporting families through divorce in Brazos County for years. We know how to defend your rights and will provide straight talk and honest advice throughout the entire process.

Contact us today to schedule a consultation. 

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