If you’re considering a divorce, you may be wondering if mediation really can help you avoid courtroom litigation. Furthermore, you likely want to know if it’s the right option for you. For starters, mediation is definitely a popular way to help divorcing spouses resolve disputes amicably, and people who’ve utilized this service before say it was critical in creating a fair and neutral environment. That said, whether or not it’s the right option for you depends on your unique situation.
So, which types of divorce tend to benefit the most from mediation?
Mediation and Types of Divorce
Even if divorcing spouses agree that going to court is not the way to do it, they may struggle with knowing where to begin working out the finer details of their divorce and communicating their desires. With mediation, an impartial third person called a mediator facilitates this process. The mediator is not there to represent one party over the other and has no authority to force either party to settle.
A few benefits of divorce mediation include:
- A neutral environment
- Improved communication and cooperation
- No need for litigation
- Confidentiality
- Less stress, anxiety, and frustration
- A cheaper, efficient, and more amicable divorce
Generally, mediation has a higher success rate when the divorce is uncontested or is considered a no-fault divorce, but we often see cases settle successfully in mediation, even when there is a high level of conflict.
With uncontested divorces specifically, both parties often decide in advance not to disagree over the causes divorce itself or focus on assigning blame. They don’t want to go to trial. And they don’t wish to get bogged down in the more minor details of the case. Simply put, going their separate ways is in everyone’s best interest.
A no-fault divorce means that neither spouse has to prove that the other spouse did something wrong (for example, adultery, abuse, fraud, etc.) to cause the breakup. You’re simply stating that you no longer wish to be married, and there’s no hope for a reconciliation. Examples include personality conflicts that can’t be overcome, too much discord or conflict, and irreconcilable differences.
Generally, these two types of divorce respond well to mediation because conflict is low. Parties are willing to reach common ground, even on issues such as child custody and property division, so they can simply go their separate ways.
Which Happens if Mediation Doesn’t Work for Us?
Even if you are on speaking terms and agree on some things, reaching a peaceful resolution on other matters might feel like moving mountains. This often leads parties to resolve their issues in Court. There is no obligation to settle cases in mediation, and sometimes, litigation is the best route.
Most contested divorce cases require aggressive advocacy, especially when children are involved. We help the client develop and execute the best strategies to reach their long term goals. Christman | Daniell Attorneys’ primary goal is to protect our client’s interests, equip them for a difficult journey, and deliver skilled and legal advocacy and advice.
Please call Christman | Daniell for your legal needs today!
Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
