When Mediation is Right For Your Divorce - And When It Isn’t

man and woman sitting with a third party mediator having a serious discussion

Going through a divorce is never ideal, especially if you have to go through litigation. This is why mediation is an enticing option for many couples looking to amicably separate. Let’s discuss what mediation entails and how to know if it’s the right route for your divorce.

What is Mediation?

During divorce mediation, you, your spouse, and your legal representation will sit down together with a third-party mediator. The mediator will serve as a neutral participant in your divorce discussions. As you discuss issues such as asset division, child custody, and spousal support, the mediator will help guide your discussion to be productive and amiable.

Other benefits of mediation include:

  • It’s more private than litigation
  • It typically costs less than litigation
  • It allows each party to openly communicate their wishes
  • It allows you and your soon-to-be-ex to make personalized decisions that work for you and your family’s unique needs

Who Does Mediation Work For?

Mediation will work best for couples with specific dynamics. First, if you and your partner are generally good communicators. If you and your spouse can usually work together and communicate openly, then you should thrive in a mediation environment. Second, you and your spouse are open to sacrificing. Of course, it’s natural to want everything to end up in the way that is best for you. However, you should enter mediation prepared to give leniency on some issues. Third, mediation is best for uncontested divorces. This means you are both on the same page about wanting a divorce, and will likely see eye-to-eye on most issues.

Who Does Mediation Not Work For?

In general, mediation will not be an effective divorce strategy for couples who are poor or hostile communicators. In these situations, conversations may become aggressive or otherwise unproductive. If you and your spouse are unlikely to reach an agreement on the terms of your divorce, it is best to go through litigation so the courts can make final judgments.

Additionally, if there is any history of abuse in your marriage, mediation is not recommended. Litigation is the safer option.

Dallas, Texas Divorce Attorneys

If you are interested in learning more about your divorce options in Texas, click here. Our team at DebnamRust, P.C. is available to assist you through your divorce, whether that be through ADR, mediation, or litigation. We understand that the end of a marriage is never easy, but we want to help set you up for success with your new beginning. Call us at (214) 758-8681 to speak with our team today.