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Why do some divorcing couples choose mediation over litigation?

Sometimes Texas couples put off filing for divorce because they fear the trauma and unpleasantness typically associated with litigated divorces. Fortunately, other options are available that not only allow couples to make many of the important decisions related to their post-divorce lives, but it is also less time consuming and less costly. Family law mediation provides divorcing couples with a platform to peacefully negotiate contentious issues.

Mediation will be facilitated by an impartial qualified mediator who will likely use the first session to become familiar with the unique dynamics of the family and the concerns of each party. The divorcing spouses will be advised about needed paperwork and they may be asked to sign confidentiality agreements. This is another advantage over litigation in which privacy is never guaranteed.

Mediators are not allowed to give legal advice, but both parties are allowed to have their respective legal representatives present during mediation sessions. Not only can attorneys provide valuable input but they can ensure that their clients are treated fairly. The attorneys can also ensure that the final agreement drafted by the mediator will comply with state and federal laws. A lawyer will also make sure nothing is left unaddressed that could lead to litigation in the future.

In some cases, not all issues are resolved during divorce mediation. If this happens, an experienced Texas divorce attorney can guide and support a client through litigation of the unresolved matters in court. However, for mediation to be successful, both parties must want to work together, knowing that communication and compromise are vital.

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