What Should I Know About Court-Ordered Mediation?
Texas law encourages couples who file for divorce to attempt mediation before the judge hears the case, and it may be court-ordered. You might be sure that you want a divorce and prefer to skip the mediation. However, mediation offers useful benefits that many people considering divorce may benefit from.
An experienced Texas divorce attorney at Brandon Wong & Associates is available to guide you through the divorce and mediation process. Attorney Brandon Wong offers mediation services and has assisted many clients in mediation and litigation in San Antonio and Central Texas.
What is Court-Ordered Mediation in Texas?
Court-ordered mediation in Texas is a legal process where the court orders the parties to attempt to resolve the divorce or family law dispute. A neutral third party, called a mediator, oversees the mediation process and attempts to bring the sides together in an agreement without going to litigation. Mediation is commonly used in divorces and family law disputes, such as child custody or child support matters.
Mediation may be ordered in Texas via the Texas Alternative Dispute Resolution Act. The mediation process is usually confidential, which means that if mediation fails, the subjects discussed cannot be used in family court.
The court-appointed mediator does not make decisions or force a solution. Instead, they encourage communication between the sides to reach a compromise. If spouses agree, the mediation agreement can be submitted to the judge for approval. At that point, the mediated agreement is legally binding. If mediation fails, the case may proceed to trial or other legal proceedings.
What Are Mediation Benefits?
A legally binding document is just one benefit of court-ordered mediation. Other advantages of mediation include:
Saves Time and Money
Mediation is informal and occurs outside of court. Avoiding litigation means a potential solution is reached faster and less expensively than a traditional trial.
Enhanced Control
A mediation agreement inevitably means compromise. For example, in a divorce, you might have to agree to give up a valuable real estate property to receive more alimony. However, agreeing with your ex-spouse without going to court gives you more control over critical family matters.
Reduced Stress
Most divorces involve excessive stress and emotional pain. Anything that can be done to lessen those burdens benefits you. Significant life changes, such as divorce, are more manageable when they can be accomplished collaboratively.
Confidentiality
Family law courtrooms are open to the public. Many divorcing couples recoil at the idea of their private life details being open to anyone. Mediation happens in privacy, and all discussions are confidential. Thus, you can discuss your ideas and desires without fear of them being public.
Children Benefit
If you have children with your ex-spouse, mediation is often easier on the children. Essential details about their future, such as custody and parenting time, can be amicably worked out without a draining trial.
Contact a Bexar County, TX Divorce Mediation Lawyer
Mediation may be required by the family court, and for good reason. At Brandon Wong & Associates, our San Antonio, TX divorce attorney can explain the mediation process in more detail and represent you. Contact our family law office today at 210-201-3832 for a confidential legal consultation.