IDEAS FOR A SUCCESSFUL DIVORCE MEDIATION.
Most of the time, marriages can be dissolved without a lengthy and costly court battle. According to Collaborative Divorce Texas, 95% of cases are now settled by agreement in Texas. Divorce mediation can save you time, money and emotional toil. Puhl Law Group PC recommends alternative dispute resolution when appropriate. Mediation consists of a husband, wife, mediator and lawyers, working together to come up with important resolutions for the family involved. It is private and confidential and takes place in an office, not in front of a judge. A marriage may be over but there are still obligations that will continue, especially if there are children involved. A divorce mediation can help resolve issues in a more positive way. In Texas, many courts actually require mediation prior to a divorce trial. It is important to choose the right lawyer to help you mediate. Your representative should be certified in mediation. You also need to feel comfortable with your representation and be able to have an open dialogue about your needs and wants in order to have a good, fair outcome.
So how does a divorce mediation work?
Each spouse has a lawyer trained in the art mediation. The spouses meet at an office with a third, neutral mediator. They separate with their mediator into separate, private offices. The third mediator goes back and forth between the two offices presenting offers created by both clients and offers objections for deliberation. This process usually takes half a day to a day. Once everyone is comfortable with the terms, the mediator draws up the agreement for everyone to sign.
Below are some tips we recommend for a successful divorce mediation:
Mediate at the right time. Pick a time of the day and week that works for both sides. This is a benefit of mediation, a court is not scheduling your time, you are. If you have to pick up the kids at three, an afternoon mediation might not be the right time for you. You don’t want to be rushing through the process worried about where you need to be next. Take your time. You do not have to agree to anything right away. Sometimes you need time to think about things. It is ok to say, “I think I agree with the idea but I need some time to think it through.” You should never feel rushed making important decisions for your life. Ask questions. Ask your lawyer questions, ask your spouse’s mediator questions. These are important decisions you are making so it’s important to ask and get the answers to the questions you might have. Fight fair. Be fair to your ex, your kids and everyone involved in the process. If you have an ax to grind don’t take it out during mediation. You might not be ready if you feel that way and might want to wait to mediate until you have cooled down. Remember the idea behind mediation is to come up with a resolution, not to win. Have finances in order. Know what you have, in the bank and in the assets. Know what your spouse has too. Also, know what you both owe. Knowledge is power. If you don’t know the other party’s financials come to the table ready with questions so you can get the information. Treat each other with respect. Mediation is a good time to communicate but think before your speak. What you have said, the good the bad and the ugly can be remembered for years to come. Agreement is essential to any mediation deal. If one or both parties have been insulted they usually are not inclined to come to an agreement. Don’t forget at the end of the day, the goal is resolution. Michael Puhl of Puhl Law Group PC is a highly trained certified mediator. He has worked with hundreds of clients in the capacity of a mediator and is skilled at reaching favorable settlements. Call 972-569-3166 for an appointment or to learn more about the process.