If you and your spouse are heading in the direction of divorce, it is important to state that the process does not have to be long, drawn-out, and contentious. Many divorcing couples are able to do so amicably and they often avoid the stress of litigation by relying on the mediation process.
Mediation is a common and popular form of alternative dispute resolution. Instead of litigating the issues in a divorce or taking the case to trial, both sides sit down with a professional divorce mediator in an attempt to reach an agreement. A mediation lawyer in The Colony could be invaluable throughout this process.
Relying on a professional mediator instead of taking the path of traditional litigation can be beneficial in many ways. There are often substantial savings in both time as well as money, and each spouse could also protect their privacy more efficiently. An attorney in The Colony could outline all of the important benefits that come with divorce mediation.
One of the most important benefits of mediation is the reduced financial costs. Litigation can be expensive, especially when it drags on for months or even years. Both spouses could find themselves saving substantial amounts of money by avoiding a trial.
Taking a divorce case to trial can take a long time, depending on the circumstances. Along the way, there are often numerous hearings or other court appearances. Not only could mediation resolve a divorce dispute faster, but it could save both spouses from having to take off numerous days from work or rearrange their schedule for hearings and trials.
When a divorce case heads to trial, it is held in a public courtroom for all of the world to see. Mediation is a private proceeding that is not open to the public. That means resolving these issues during mediation could allow spouses to dissolve their marriage without airing the family’s dirty laundry during an open, public hearing.
What happens next after mediation depends on the outcome of the process. During mediation, both sides will each reach a consensus or not. If both parties are unable to come to an agreement on all of the important issues, the case will likely continue on toward a trial, which a mediation lawyer in The Colony could continue to help with. Not all mediations are successful, but even mediations that do not resolve every issue can help crystalize the major conflicts that remain.
If both parties do come to an agreement during mediation, the spouses will put the terms in writing. This does not mean the divorce is completed or that a final order is imminent. Instead, the sides must present the terms to the court during a proceeding known as a “prove up.” At this hearing, both sides must still establish that they meet the minimum qualifications for divorce under state law. However, a judge is unlikely to refuse an agreement on the issues of a divorce case following mediation if both sides are in agreement.
Mediation is never guaranteed to be successful but it is a tremendous tool that has resolved countless family law conflicts. You could benefit from discussing this option before committing to a traditional divorce. Let a mediation lawyer in The Colony provide you with options regarding the dissolution of your marriage. Call right away to get started.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.