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How can mediation help in a divorce?

Mediation can help solve a divorce case more easily and at a lower cost than going to court. Using mediation is encouraged in Texas because it has shown to result in better relationships after divorce, and for most cases, it is preferable to litigation. Mediation is a process that involves a neutral mediator who helps the parties in the divorce reach an agreement.

If both parties in a divorce agree to mediation, then they begin the mediation process. Most individuals have their own legal representation to help them during mediation. The mediator will attempt to help the spouses resolve any disputes, but unlike a judge, the mediator cannot force the spouses to do or agree to anything. The mediation process ends when the divorcing couple reaches an agreement that is also approved and signed by a judge. If the couple cannot reach an agreement, then they must take the matter to court and let the judge decide.

Mediation is less adversarial than a court case. Everyone involved is working together to resolve the dispute rather than try to push a judge to agree to whatever they want. This usually results in better feelings after the divorce is final and a smaller chance of lingering animosity. This is very important when children are involved because a child needs to see that his or her parents can still work together and be respectful. Any divorce that involves child custody may benefit strongly from mediation.

Using mediation does not mean that divorce laws are thrown aside. Each party has the right to their own legal counsel to help them draft agreements and provisions and advise them on how they might come to a satisfactory divorce agreement. The agreement must pass the legal approval of a judge. An attorney may be able to help make mediation a success.

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