Is Mediation the Right Move for My Texas Divorce?

 Posted on April 26, 2024 in Divorce

Ending a marriage requires planning. Couples who get divorced need to tie up their loose ends before parting ways. There are assets to divide, payments to make, and children to raise. If divorcing parties agree on everything, it is called an uncontested divorce.

If divorcing spouses disagree on any issues, however, it is called a contested divorce. In that case, a Texas judge will most likely order the couple to resolve their differences in mediation. Mediation is a great way to settle these issues out of court.

However, mediation is not relevant for all cases. This article will discuss what mediation is and when it might not be suitable. If you have any questions about mediation, make sure to consult with a qualified Texas attorney.

What is Mediation?

Mediation is a form of alternative dispute resolution, which means it is a way to resolve an argument without having to go to court. When a couple attends mediation, they meet with a mediator who tries to guide them toward a resolution on each issue.

In a mediation session:

• The mediator meets with both parties and with each one separately.

• The mediator uses negotiation strategies to bring both sides to a compromise.

• It is not required to have an attorney present, but it is a good idea to do so.

Many issues are resolved through mediation, which is why courts often make it the go-to solution. Only if mediation fails does the case then get litigated in court before a judge. 

There are some cases, however, in which a court might not order mediation.

When Is Mediation Not Ideal?

A court might not order mediation in the following cases:

• Domestic violence: If there has been domestic abuse, then it may not be safe or appropriate to have the abused sit through mediation with his or her abuser. 

• High-net-worth divorce: If a couple has a significant amount of wealth that needs to be divided between the parties, mediation may not be suitable. It will take more than a mediator to negotiate several millions of dollars worth of property, investments, stocks, and other assets.

• High-conflict divorce: If one party is not even willing to sit down at the negotiating table, then mediation is a non-starter.

• Imbalance of power: Mediation works if both parties are more or less on equal footing. If one spouse has significant power and/or influence over the other spouse, mediation is not appropriate.

Contact a San Antonio, TX Divorce Lawyer

If you are unsure whether mediation is right for you, consult with an experienced Bexar County, TX divorce attorney. If you are one of the many people who can benefit from mediation, it will help to have a skilled attorney at your side. The attorneys at Brandon Wong & Associates will aggressively defend your interests and fight for the best result possible. Call 210-201-3832 for a consultation today.