From making the decision to split to deciding where the children will spend their time once the divorce if finalized, divorce can be a complicated and trying process filled with negative emotions. However, there are alternatives to divorce litigation, one of which is divorce mediation. Mediation is a process which allows two people to confidentially resolve their divorce disputes and come to an agreement under the supervision of a third-party mediator.
An alternative to litigation
While mediation isn't always successful for every divorcing couple, it can be a beneficial process for couples in Bexar County for several reasons. First, couples that decide to mediate their divorce get to control the discussion and outcome of their divorce. For example, if the couple has children, they get to discuss the personal needs of their children instead of handing over the case to strangers.
Secondly, mediation can often result in the faster resolution of the divorce. Instead of waiting for court dates to be set and for them to arrive, couples can set their own time-frame for resolving issues. Depending on the situations that need to be discussed, this can allow for couples to come to a resolution in just one or a few mediation sessions.
In addition to this, mediation as opposed to litigation is a more private process. During the mediation process, all of the documents and financial records that are used are private and privileged information. This is different than litigation where private matters are discussed before a judge, lawyers and other individuals that are present in court. For families, mediation is often the better option because mediators can often work with a family's busy schedule instead of couples needing to adhere to a divorce court's schedule.
Mediations also encourage communication and mutual concession that can act as a foundation for future civility.
Preparing for the first mediation session
Mediation can be a less contentious alternative than litigation for many couples. Before your first mediation session, it is important that you come adequately prepared by:
- Bringing organized financial documents with you to the session which may include a list of bank accounts, retirement funds, mutual fund accounts, real estate and time shares.
- Getting your emotions under control.
- Remembering mediation is the time for negotiation, not for arguing.
- Not being afraid to talk about your concerns and putting them out on the table for discussion.
However, it is important to remember that the mediator in your session cannot give any advice. But, the attorney that you hire can. If you and your spouse are considering divorce, talk with an attorney to determine whether or not mediation would be the best fit for your situation.
