What Happens During Mediation?
During some mediation proceedings, both parties may be in the same room to discuss issues. When a divorce is particularly contentious, divorcing spouses may meet separately with our team to discuss property division, child custody, and similar agreements. If a premarital agreement is in place, this can speed up some of the process. However, a prenup is not necessary for successful mediation.
Your mediation session will last as long as you need it to and may even be split up into more than one visit. Even when it takes some time, however, mediation is significantly less time-consuming and expensive than taking divorce proceedings to court.
If an agreement can be reached during mediation, we are here to create a Rule 11 Agreement for the finalization of your divorce proceedings. If no agreement can be reached, your divorce will proceed to court. This can occur even if you agree on most issues, which may prompt some divorcing spouses to compromise on those more touchy ones. When compromise cannot be reached, the next step is contested divorce proceedings, which can, in some cases, take several more months to settle.
The Benefits of Mediation
There are numerous benefits of mediating your divorce, including:
- A lower cost over traditional divorce proceedings
- A potentially shorter time period, as mediation lasts only as long as it takes you and your spouse to reach an agreement
- More privacy, as mediation is a confidential process outside of a public courtroom
- More control, as you and your spouse make the decisions, not a judge
- Improved communication that paves the path for a more amicable future
- A higher success rate when both couples are committed to coming to an agreement
After this process is completed, your mediator will write your preliminary agreement for you and your spouse to sign. This is known as a Rule 11 Agreement in Texas, and is the basis for your formal divorce agreement. As such, your agreement will be based on your preferences, wishes, and best interests, agreed upon by you and your spouse, and not a judge who may not know your full story. Mediation, therefore, puts the power back into your hands.
If you are in need of a Pearland divorce mediation attorney, please contact us online or call (936) 297-5016 to schedule your appointment today.