When couples go through a divorce, part of that process may include mediation. Mediation is an alternative dispute resolution process that can help divorcing spouses identify issues and reach solutions to those issues.
Spouses can decide to try mediation, or a court may order mediation at some point during the divorce process. Either way, before you enter into mediation, it is important to know what to expect during divorce mediation. Understanding how divorce mediation works can help you move through the divorce and mediation process easier and with greater certainty.
What to Expect During Texas Divorce Mediation
- The Mediator Is Not Your Attorney. First things first—the mediator is not your attorney, nor are they your spouse’s attorney. This is a common misconception about mediation attorneys. A mediator is a neutral third party that is there to help facilitate discussion and find alternative solutions to your issues.
- Mediation Is Not Counseling. Mediation is a structured process and the main goal is to make the divorce process smoother for both parties. It is not a counseling session. Your mediator is not going to tolerate high emotions or outbursts. It is not the time to point fingers or assign blame. A mediator will guide your discussions and keep it on track.
- Mediators Are Neutral. The mediator provides support for both parties equally and is not there to take sides. Instead, the mediator will guide you both toward finding solutions that best fit your family’s needs.
- Guidance, Not Legal Representation. A mediator might be an attorney, but they are not there to give legal advice. However, the mediator may tell you and your spouse what is fair or typical in your courts. Your divorce attorney will be invaluable in giving you actual legal advice.
- Solutions Are Not Binding. Even if you reach an agreement during mediation, it is not binding until both parties draft an agreement and sign it. The courts must then approve this agreement. At the end of mediation, however, the mediator will provide the courts with a written summary of the solutions and agreements reached by both parties.
- Mediation Is Not Required for Divorce. It is important to note that mediation is not necessary for every divorce. As mentioned, spouses usually opt to give mediation a try before taking the matter to court. In some cases, a judge may order mediation if they believe it to be in the family’s (especially the child’s) best interest.
You can learn more about our divorce mediation services here. You can also learn more about the mediation process here.
Is Divorce Mediation Right for You?
Divorce mediation is not right for everyone. However, it is often a valuable process that can help divorcing couples find solutions and reach an agreement. Having a neutral third party to reduce conflict during discussions can help divorcing couples arrive at an agreement. It can also help them focus on what is best for their family and their futures.
Mediation is flexible and adaptive. It is also confidential and provides privacy to the divorcing couple. It helps to eliminate high-cost courtroom battles and can prevent irreparable damage from further damaging the family or children. If you think mediation might work for you, it is important to discuss this with your divorce attorney.
Contact Us Today to Speak to One of Our North Texas Mediation Lawyers
The Frisco family law attorneys of Albin Oldner Law, PLLC have decades of experience representing Dallas Texans during a divorce. We know that mediation is often a part of the process, even in relatively straightforward divorces. Our attorneys can help you understand mediation and what is required of you. We will protect your rights and your assets at every turn, so you can build a better future. We can make the divorce process easier.
Call (214) 423-5100 or send us a message online to schedule a meeting.
