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Divorce Mediation – an Alternative Dispute Resolution that has worked well for many Couples

Posted by on Apr 29, 2017 in Divorce & Family | 0 comments

Divorce Mediation – an Alternative Dispute Resolution that has worked well for many Couples

According to the law firm Higdon, Hardy & Zuflacht, in the state of Texas, “Alternative Dispute resolution is authorized through Title 7 of the Texas Civil Practice and Remedies Code. A court may, on its own motion or on the motion of a party, refer a pending dispute for resolution by an alternative dispute procedure (either Mediation or Collaborative law).

Mediation uses a trained neutral mediator to attempt to resolve the dispute, while collaborative law is a hybrid process that involves each client bringing a trained lawyer to the table to negotiate the divorce. Either of these options could help you to retain control during your divorce proceedings. If you are considering either of these options to settle your divorce, consider seeking help form a knowledgeable alternative dispute resolution attorney for a peaceful, faster, controlled and less costly divorce.”

Many divorcing couples can now choose from the many alternative dispute resolutions available. Unlike in the past when divorces were settled in courts, requiring spouses to spend so much money, bear with the length of the process which may take a couple of years, sometimes even more, especially if it is a high-profile divorce (depending on the issues that need to be settled and how fast the spouses agree with each other over such issues – child custody and visitation rights, child support, spousal support or alimony, and division of properties, assets and debts) and end up hating each other, today’s alternative resolutions allow the spouses themselves (not a judge) to decide on the issues; these also cost cheaper that a court-litigated divorce, are faster to settle and leave the spouses friends to each other despite the need to end their union.

One type of alternative dispute resolution is mediated divorce or mediation. Mediated divorce is a private process and does not require the presence of a lawyer (though any of the partners may be assisted by one if he/she wishes). Through the help of a mediator, who is chosen by the couple and who makes suggestions regarding what may be the best options (to settle divorce and all other issues) based on the couple’s circumstances, the couple makes the decisions on how everything will be settled.

There are other benefits that make the mediation process more advantageous than a court procedure, some of these include:

  • Confidentiality: while the spouses have a free hand in making decisions that will work best for both of them, their personal lives and interest are also kept from becoming public news and gossip. In the mediation process, whatever transpires is kept between the couple (and their lawyers, if they each have one) and their mediator.
  • Cost: a court settlement can take weeks, months or even a year to finish, while a mediation process may take only hours or days, saving the couple from incurring off time from work and costly court fees.
  • Compliance: since the issues were decided by the couple, making sure that each party abides by the decision is more ensured.

The mediation process is gaining greater popularity in settling divorce and other related issues as it also makes the process less stressful for the divorcing parties. The process also builds an air of respect and friendship that may determine the couple’s attitude towards each other, even long after the divorce has been settled.

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