Divorce mediation: benefits and limitations
Divorce mediation has many benefits for those who chose mediation to resolve conflict in divorce and family law cases. Some people have concerns about feeling limited by the mediation process. Whether divorce mediation is ordered by your judge or you find value in attempting to use mediation to resolve many or all the unresolved conflict in your divorce.
Divorce Mediation Advantages:
· Expense – Compared to the full traditional divorce and family litigation process, including hearings and trials with experts and extensive preparation, divorce mediation can save money that can be better allocated for the benefit of the family. When everyone prepares for mediation and knows what they really want to achieve, it can be easier to reach an agreement outside of court.
· Anxiety – The anticipation of divorce litigation and the time it can take to reach a final resolution may lead some people to try to resolve their contested claims and allegations in divorce mediation. With less time to worry about your divorce, you may be better off writing the next chapter in your book of life.
· Goodwill – When you are going to be a co-parent, parallel parent or whatever brand of good parent you want to be, being polite and amicable during divorce mediation can help assure your soon to be former spouse that you care about your role as a parent and you will do everything in the best interests of the children.
· Encouragement – When you walk away from signing a mediated settlement agreement after successful divorce mediation you are more likely to feel a sense of accomplishment and responsibility. Especially moving forward when children are involved, you may understand that they watch how their parents react to challenges and being successful in mediation can show a good example to children.
Concerns about Divorce Mediation:
· Negotiation Incongruity – When everyone comes to the mediation table they should be ready to negotiate and first find out where you agree and where there might be a deeper conflict. This works well when both spouses are evenly positioned communicators, willing to express themselves. When there is an imbalance in power or negotiating, for whatever reason, the disadvantaged spouse may prefer traditional litigation, so they do not feel disadvantaged.
· Family Violence Victims – Like people with negotiation disadvantages, a victim of domestic violence may not be comfortable in a direct communication and negotiation setting. It might be better to avoid divorce mediation if this is the case.
· Failure to Reach Agreement – When people ask whether divorce mediation will work for them, the answer depends on how willing they are to reach a mediated settlement agreement. All you can do is give mediation your best attention. If you reach an absolute impasse on certain issues in the divorce you can have a hearing or trial on those remaining issues.
With your specific questions about divorce mediation and all your options in divorce and family law matters, you may contact us at Scroggins Family Law in Dallas and Plano, Texas.
About Scroggins Family Law: Dallas, Collin and Denton County Board Certified divorce and family law attorney Mark Scroggins, and the team at Scroggins Family Law represent clients in a variety of divorce and family law matters.
At Scroggins Family Law, we have more than 20 years of experience with family law cases in Dallas, Denton and Collin Counties. When you retain our firm, you can trust that your case is in the hands of a highly skilled, dedicated professional. We understand the unique challenges of a high value divorce case, and more importantly, have the knowledge and experience you need on your side. Call us today, (214) 469-3100, to learn more about Texas divorce and family law.
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