Some spouses preparing for divorce have very little reason for concern. They have a clear marital agreement on record and therefore don’t have to fight over property division, custody or financial support issues. Others may find that they struggle to agree with their spouses about anything related to their marriage and could potentially end up litigating many important matters during their divorce.
There is a third option available for those preparing for divorce in Texas. Specifically, couples can choose to attend divorce mediation. Mediation requires a meeting with a neutral third-party professional called a mediator in an attempt to reach an agreement about what should happen with the major outstanding concerns in a couple’s divorce.
Mediation can be an additional expense, but many couples embrace the process because it can prove beneficial. The following are some of the common positive consequences of undergoing mediation to resolve conflicts during a Texas divorce.
Enhanced control
In a litigated divorce, the spouses effectively give up control over the outcome. A judge reviews details from the marriage and then interprets state law based on their perception of the situation. The spouses can ask for certain terms and present evidence, but there is never any certainty about what actions a judge might take. Those who settle divorce disputes in mediation set their own terms. They then sign a binding agreement that they present to the courts. The spouses ultimately have control over the key details if mediation is successful.
Improved privacy
Spouses often need to discuss personal and potentially embarrassing details during divorce proceedings. Issues related to infidelity, personal habits, like gambling or drinking, and even mental health challenges could come into play when talking about how to divide property or what would be in the best interest of shared children. Evidence presented in family court could become part of the public record. Whatever couples discuss in mediation typically remains confidential, with the exception of the agreement they sign at the end of the process.
Diminished conflict
When spouses live in a small community, attend the same church or share children, they may see each other frequently even after they divorce. It can be difficult for everyone if they fight bitterly whenever they encounter one another. Mediation takes a lot of the conflict out of divorce proceedings. It can also help couples practice better communication and conflict-resolution skills. Spouses can redevelop a healthier dynamic when they mediate divorce disagreements instead of preparing to battle one another in family court.
At the end of the day, while every divorce is unique, many divorcing couples do benefit from this particular approach to the process.