Mediation helps divorcing couples reach agreements without going to trial. A neutral third party, called a mediator, helps spouses discuss their issues and find common ground. The mediator does not decide the outcome but guides the conversation. Moreover, mediation is confidential, which allows for open discussion without fear of court use. Here are more insights on how it works and its benefits.
How mediation works in Texas
Mediation is often used in family law cases, especially when high-conflict divorces. A judge may order couples to try mediation before the case goes to trial. Mediation can address property division, custody, support and other disputes. If the couple reaches an agreement, they sign a Mediated Settlement Agreement (MSA). If the MSA meets specific rules, the court approves it and make it part of the final divorce order.
However, if there are conditions beyond the MSA that warrants a non-approval, the court may not approve the agreement. For example, if:
- The agreement is unfair because one spouse is at a disadvantage.
- The agreement violates the law, such as waiving child support.
- The other party has proof that they were forced to sign the agreement.
- What was agreed upon by the couple is not in the child’s best interest.
Unfortunately, mediation might not work in certain cases, like for couples with a history of domestic violence because it can prevent one partner from speaking freely. In these situations, the victim might feel pressured to agree to terms that are not in their best interest.
Benefits of mediation in high-conflict cases
Mediation can reduce stress and delay in high-conflict divorces. It provides a private and calmer setting than the court. It also allows the couple to control decisions instead of leaving them to a judge. Through this process, couples could better cooperate, especially when children are involved.
Why you still need a family law attorney
While mediation can ease divorce, it does not replace legal advice. A mediator must stay neutral and cannot protect either party’s interests. A family law attorney ensures that any agreement is fair and legally sound. An attorney can also help prepare for mediation and review the final agreement. Even in mediation, having a trusted advocate is essential for long-term peace of mind.
