There are two primary methods to reach a settlement in a divorce case. Couples can either mediate or litigate a resolution to their case. Divorcing couples who decide to hire a mediator to help them broker a divorce settlement do so because they want to reach a fair settlement in their case in the quickest, least contentious way.
If you have kids or a business that you share ownership rights in, then you might find mediation to be particularly ideal. This is because mediated discussions happen behind closed doors instead of the public forum of the courtroom. The fact that the couple doesn’t have to hash out their affairs in public and in a pressure environment allows them to ultimately be more civil with one another.
The mediation process also allows the former spouses to have more control over what ultimately is ordered or agreed to. This is because, in the mediation process, the former spouses are the ones calling the shots. Therefore, they’re more in charge of the outcome as compared to what occurs when they litigate a case. In the latter situation, the judge makes final decisions instead.
Another important aspect about mediated agreements is that either one of both of the spouses can elect to walk away from the process at any point in time until an ultimate agreement is signed. Even after the agreement is approved by the judge, a spouse can still wage a claim that the agreement was unduly biased against them and ask that it either be thrown out or modified.
As an added benefit of mediation, it can also result in a quicker agreement being reached and thus a more expedient end to your marriage. The time a couple saves in not having to litigate their case in the courtroom ends up costing them much less as well.
On the negative side, unlike divorce litigation, a spouse involved in the mediation process is only required to voluntarily disclose certain financial records. This can lead the spouse to hide assets that ultimately prevent his or her ex from getting a fair shake of what he or she deserves.
Whether you and your soon-to-be ex have an ability to discuss matters in a level-headed way or you have complex matters that need to sorted out, a Houston divorce mediator may be able to help you reach a settlement in your divorce case.
Source: Forbes, “The four divorce alternatives,” Jeff Landers, accessed July 05, 2017