Why choose divorce mediation over litigation?

 Posted on November 04, 2020 in Divorce

When you’ve made a major decision, it might take weeks, even months, to implement it. If your decision involves filing for divorce, and especially if you have children, there will be numerous important issues to resolve before you can leave the past behind and move on in life. Divorce mediation is often a swifter process than litigating a divorce in a Texas court. In fact, saving time isn’t the only benefit of mediation.

Would you be surprised to learn that you can finalize your divorce without ever stepping foot inside a courtroom? Many people hesitate to learn more about mediation because they mistakenly believe it’s only used in business negotiations or think they will still have to go to court to settle their divorce.

Divorce mediation saves time and money

As mentioned earlier, if you want to settle your divorce as quickly as possible, mediation may be a better option than litigation. The last thing you need is to become entangled in a long, drawn-out court battle over issues you can resolve in a peaceful manner by agreeing to a few stipulations ahead of time.

Divorce mediation is also typically much less expensive than litigation. If you have children and are about to start afresh in life as a single parent, finances are undoubtedly a primary concern. You’re far more likely to spend less on legal fees and other expenses by keeping your divorce out of court.

Why let a judge have control over your life

One of the greatest benefits of choosing mediation over litigation in divorce is that it enables you to have control over the outcome. As a parent, you know what’s best for your children. As long as you and your spouse agree to discuss issues without confrontation, you can make your own decisions regarding child custody, property division and other matters.

You can seek the court’s approval of your proposed plan but don’t have to spend hours upon hours in court to do it.

Keep your divorce private

If you litigate your divorce, there will be a court reporter transcribing every word spoken in the courtroom. It’s understandable that you’d want to keep your divorce as private as possible. Mediation sessions take place in a private setting, which enables you to keep all discussions private.

What are the potential downsides?

If you’re concerned that your spouse won’t be fair when it comes time to disclose assets and liabilities during mediation, you may be at a disadvantage if you haven’t taken steps ahead of time to protect your interests. Because divorce mediation is not a legal proceeding, your spouse is not bound to disclose financial information through pretrial discovery.

You can, however, consult with a financial analyst before your mediation sessions begin. This can help you gain a clear understanding of your marital assets and overall financial situation, needs and ultimate divorce-related goals, so that you can make informed decisions during the mediation process.