Tuesday, January 27, 2015

Top 3 reasons to consider a family law mediator

There are many different reasons that you may be investigating mediation, but one of the biggest ones is that is costs less.  Far and away this is one of the first reasons that a divorcing couple will consider mediation.  Having to hire separate attorneys and working through the delays of the court system and the formal rules there can be quite frustrating and expensive. 

Another major reason to evaluate using a Texas divorce mediator has to do with flexibility and control.  In litigation, you have very little say in how things unfold.  In mediation, however, you play more of the major role in determining what the process looks like and what the final agreement looks like.  This flexibility allows couples to communicate more easily and keep emotions at bay. At mediations the negotiations are confidential.  

The mediator cannot report to the judge what was discussed at mediation.  Mediators are never called to court when a mediation fails to settle.  Why? Because the mediator cannot testify to anything that occurred during the mediation.  Judges respect this confidentiality and won't require a mediator to testify.  Therefore, attorneys don't bother calling the mediator to testify at a trial. If the parties don't agree, the mediator writes a short report and send it to the judge.  It merely states that an impasse was reached -- without any details.

Finally, mediation can be much easier on the children.  Litigation can bring out the worst in anyone as many couples who have been through the courts can tell you.  Even with the best of intentions, it’s hard to keep the drama of the courtroom from impacting your personal life.  It’s very likely that your frustration or anger over litigation gets carried home with you and impacts the children.  In mediation, however, you focus more on getting to an agreement without having to “one-up” the other side.  There’s an added benefit here that also influences the children and it has to do with what your life looks like after divorce.  Mediation can help teach you some techniques about how to interact with the other spouse regarding the children in a manner that addresses key issues without instigating conflict.  This can be a very valuable tool when both parents will continue interacting with the children after the divorce is finalized.  Improved communication has advantages for the future. 

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