NEGOTIATION INSTEAD OF LITIGATION
Because every divorce is different, GoransonBain offers a variety of divorce methods. Selecting an option that fits you will help to make your divorce more efficient and less stressful.
Couples choose mediation to keep control over the process and outcome of their dispute, as well as avoid the unpredictable results and high costs of litigation. Mediation can be used to resolve financial and property matters and child-related issues.
What is Mediation?
Mediation is a non-adversarial resolution process that takes place outside the courtroom, involving negotiations between the divorcing couple facilitated by an impartial mediator. The mediator is a specially trained professional in family law, frequently a board certified family lawyer, who “mediates” between the spouses to help them reach a settlement. Couples may select mediation as their preferred divorce option, or a judge may order mediation before permitting a case to proceed to trial.
The Benefits of Taking Charge with Mediation
It’s not unusual to feel a loss of control during divorce. The mediation process can enable couples to take charge of reaching a settlement without the involvement of the courts. If you desire to participate in constructive negotiations to resolve divorce issues with the guidance of an independent, skilled family law professional, mediation might be a viable option for you. The benefits of mediation include:
- Control the process and the outcome—Exercise your own choices and discretion in settling disputes rather than having a judge make decisions for you based on rigid and impersonal legal principles.
- Save costs and time—The cost of mediation is less than the cost of litigation and takes less time, permitting you to move forward with your life sooner.
- Preserve relationships—Mediation offers the opportunity to preserve family relationships and avoid having children involved in the litigation process.
- Keep it simple—For couples who are able to agree on the terms of divorce without outside help, mediation offers a straightforward, uncomplicated approach.
- Get creative—Agreements reached in mediation are typically more creative and better able to address the individual needs of the parties.
Successful mediation enables couples to avoid further disruption and expense, and move beyond their divorce. If mediation fails, it does not prevent couples from pursuing other divorce options.
How Mediation Works
Mediation is a voluntary process that allows you and your spouse to take responsibility for creating a settlement with which both of you can live. It also permits you to choose whether or not to be represented by an attorney during the mediation sessions. Divorce lawyers in the mediation group at GoransonBain have received specialized training in mediation, and can help you determine the right level of involvement.
GoransonBain offers the full continuum of mediation services including:
- Traditional Mediation: spouses each choose lawyers to advise them before and during mediation sessions.
- Parties-Only Mediation: spouses may consult with their attorney before, and after mediation sessions to review the settlement terms being discussed, but their attorneys do not attend the mediation. (Read More)
In either mediation format, the mediator is impartial and will work on behalf of both you and your spouse. The mediator does not offer legal advice, but rather will provide general information about the legal process and other aspects of the divorce, and will assist you in reaching a workable solution.
In both kinds of mediation, the goal is to reach an agreement on the issues and for the divorcing couple to sign a written mediated settlement agreement. GoransonBain offers divorce mediation services in our Dallas, Plano and Austin offices.
Contact Us to Learn if Divorce Mediation is Right for You
If you would like more information about divorce mediation, contact our divorce attorneys today to schedule a consultation to speak about your particular situation.