Here’s a relevant family law-related question: What is an inappropriate subject to address in divorce mediation?
And here’s an answer, buttressed by reams of empirical evidence and the anecdotal musings of legions of people who have invoked the process to end their marriage: There is very little that can’t be raised, negotiated and successfully concluded in a mediated divorce.
Although many Texas residents and other individuals and families across the country likely think of a courtroom process when it comes to divorce (that is, the rather somber and antiseptic venue centrally marked by adversarialism), increasingly more divorcing couples are heartened by the knowledge that there is a ready alternative to a formally litigated divorce.
An immediate attraction of divorce mediation for many participants is that they — and not a judge, who is, after all, a largely disinterested stranger — control the timing, pace and focus in divorce negotiations. A core feature of mediation is autonomy, and that resides with the divorcing spouses, not an austere judicial figure.
Coupled with that, too, is the prominent plus that many couples point to regarding costs and time expended on a matter that no one wants to unduly prolong. Motions, delays, arguments, recurrently scheduled hearings — these are products of a litigated divorce, not a mediated dissolution.
Many family law attorneys ensure that they broach the topic of divorce mediation with clients who are seeking to terminate their marriage, while remaining civil about things and smart about costs and other efficiencies.
Proven lawyers point out the possible upsides, while at the same time stressing that mediation is not a panacea for every divorce. Candidly, some divorces are flatly destined for the courtroom, and a seasoned attorney is well prepared to represent a client in both court and in the more informal atmosphere of a mediation setting, depending on what best promotes that party’s interests.