What’s mediation?

Mediation is a way to get divorced fast. Mediation is the process by which a neutral third person helps people bridge the gap between them. It’s also almost always required to get divorced.

 

How Mediation Resolves Cases

 
At some point along in your case, you are going to have to decide, “What problems do I want to mediate?”  If your first thought is that mediation is an unnecessary expense because, “I know they won’t settle”, you are not alone. 59% of couples entering mediation for their divorce don’t think their spouse will settle in mediation.  That’s a big number.  Yet, 98% of divorce cases are settled before trial. Why is it that if 59% of couples don’t think mediation will work, a vast majority of these cases still end up getting settled? How does one explain this disparity?

 
It boils down to trust. Trust and divorce doesn’t have to be mutually exclusive concepts. The magic of mediation is that you don’t have to trust your spouse to get a good agreement. Mediation bridges the trust gap by bringing in a neutral third party. The neutral third party helps to resolve your case by becoming an agent who helps the other side “see the light”. By explaining the strength and weaknesses of the case, the mediator can reestablish enough trust to resolve the issues preventing you from getting your divorce finalized. Mediation helps you reach a final settlement that is fair and reasonable while still protecting the needs of your children and your own future financial needs.
 

What are some of the benefits of Mediation?

 

One, it’s faster. Pursuing trial is a year long time consuming slog. Meanwhile, mediation can resolve a divorce case in a day or a mere few hours. Second, mediation is not as intrusive and it’s far more private than a trial. In Texas, everything that is said in your divorce trial is a matter of public record and heard before a jury. This means that anyone can come along later and find out what happened in your divorce case. Think of all of your dirty laundry ending up on someone’s Facebook feed or blog. However, in mediation, the public doesn’t have access to this information. Your private matters stay private. Third, mediation is cheaper. Trials are expensive. I advise clients that a good rule of thumb is that an attorney will need to spend at least one hour in prep for every hour in trial. When you are paying your attorney $300 per hour, it doesn’t take long for a typical 3 day divorce trial to end up costing tens of thousands of dollars. The price difference between a trial to mediation can run as high as 10 to 1, meaning you’ll spend 10 dollars in trial for every one dollar in mediation. Fourth, mediation allows you to consider the needs of your day to day life. You can have provisions in a mediation agreement that you just won’t see from a trial court. A trial court applies the law to the final orders in your case, but in mediation, you have a chance to tailor your final orders to fit your life. Finally, mediation results in a far higher likelihood of you being satisfied with the process.

 

 
What to learn more the advantages of mediation? Find out more about mediation and the seven reasons why people mediate instead of litigate.

 

If you are considering mediation and settlement in your divorce case and would like the hand of an experienced Dallas Divorce attorney to review your case before you head into mediation, contact one of our Dallas Divorce Attorneys at 214-396-6099 to arrange a consultation.

Eric Engel

by Eric Engel

Eric Engel is a Dallas divorce attorney for clients in the Dallas/Ft. Worth Metroplex. He is the president of Engel Law Firm. For more information on Mr. Engel please visit his bio page or contact our firm at (214) 377-0166.

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