Divorce is difficult, but mediation can make the process easier by providing solutions that allow the parties to keep more control over their divorce.
Whether you are familiar with mediation or are just learning about it, here are the top five most frequently asked questions about divorce mediation.
What is mediation?
Mediation is like sitting down with a neutral third-party to sort things out. The mediator is there to set the ground rules and make sure the parties have a productive conversation that hopefully leads to an agreement.
Mediators help parties identify issues and find common ground on issues like property division, child custody and support payments.
How does mediation work?
In Texas, mediation usually starts with both parties meeting the mediator together and talking through some issues they cannot agree on.
Each party speaks and listens. Having a mediator present provides accountability, which is one reason it can be so effective.
Do I need a lawyer for mediation?
It is not required, but having a lawyer is especially important if you are negotiating issues with the other party, if you have children together, if significant assets are involved, or if the divorce is contentious.
Remember that the mediator cannot give legal advice, regardless of whether they are themselves lawyers, so if you need legal advice during mediation, having an attorney with you will provide you with the answers you need.
How long does mediation take?
Mediation can take anywhere from a few hours to a couple of days. It depends on how many issues the parties disagree on; how contentious the divorce is and how much time the parties want to devote to mediation.
If the parties are busy and want to have several mediation sessions instead of one, that is something most mediators are happy to accommodate.
So, there you have it. Mediation might sound like a straightforward process and even though many aspects of it are simpler than going through the courts, it is a unique way to solve problems. This method of solving disputes uses communication skills and strategies to help the parties speak with each other in a respectful and clear way, while also helping them find middle ground so they can create common ground.
