If you’re getting a divorce you must file a lawsuit to dissolve the marriage, but that doesn’t mean you have to go to court. With meditation, an alternative method of reaching a settlement, spouses can stay out of the courtroom and resolve issues with assistance from a third party such as a divorce mediation lawyer. It’s commonly regarded as a quicker way of dealing with the divorce process, but realistically, the timeline varies from case to case.
Divorce Mediation Lawyer FAQ: How Long Does Mediation Take?
What Exactly Is Divorce Mediation?
This ADR (alternative dispute resolution) involves a divorcing couple meeting with a neutral third party to talk through issues related to the divorce. The goal is to help parties reach a compromise and create a marital settlement agreement, essentially finalizing their uncontested divorce. It offers parties control over their divorce by creating space to communicate and negotiate, rather than relying on a judge to decide for them. Divorce mediation lawyers in Sugar Land, TX can assist in the process.
How Long Does the Mediation Process Take?
The timeframe for mediation varies greatly in each unique case, as mediation has no time limit beyond the statutory limitations of divorce. In Texas, that’s two years. It will depend on how long it takes the parties to reach an agreement and how complex that agreement is. Some couples find they only need a single mediation session to resolve everything, while it is not uncommon for divorcing couples to need multiple sessions before coming to a resolution.
The sessions themselves can take anywhere from a few hours to a full-day process. If couples are in ongoing mediation throughout their divorce process, they may attend sessions every week or month until they, their lawyers, and the mediator are all satisfied. Many couples prefer to move through mediation quickly, as this is more affordable and can offer up a much faster resolution process for parties than a divorce trial, which can take up to a year.
What Factors Usually Dictate the Length of Mediation?
Firstly, parties must consider how many issues there are to resolve. The more issues, the longer the process will take. Length will also depend on how many assets are owned and therefore require dividing up. If there are children involved, this could take longer, as discussions around custody tend to be particularly arduous. Finally, how willing are you to compromise on these matters? Are the spouses more committed to reaching a resolution, or getting what they want?
What Happens During a Mediation Session?
In most cases, couples will meet with the mediator together in one room. It is possible, however, for each spouse to meet with the mediator separately if they struggle to be in the same room. An initial meeting will allow both parties to state their expectations for all the issues that need resolving throughout the process. This gives the mediator insight into what areas require the most work and how far apart both parties’ expectations are.
Mediation sessions are generally informal and non-confrontational, emphasizing open communication as the parties negotiate. If spouses have an attorney, they can attend mediation with them and provide advice as they work to reach an agreement. Some people choose to attend sessions alone but consult with an attorney between sessions. At the end of the process, a marriage settlement agreement will be drawn up and submitted to a judge so the divorce can be finalized.
Can I Start Attending Mediation If I’ve Already Filed for a Divorce?
Even if you and your spouse haven’t been able to agree on all issues before filing for divorce, mediation can still be used during the process. For example, one or both of you may be more open to mediation after learning more through the “discovery” process, which is the legal requirement for spouses to share certain information and documents during the divorce. The judge may also order that you participate in mediation before having a final divorce hearing.
Is Mediation the Right Choice for Me?
Mediation doesn’t suit everyone. For example, couples who struggle to be in the same room or have serious issues communicating may find the process to be, ultimately, unhelpful. A mediator who is forced to go back and forth between spouses, repeating information and acting as a messenger, is not only being under-utilized but quickly becoming very expensive. If mediation fails, couples have wasted time and money on a process that ultimately got them nowhere.
Divorce can be a painful and draining process, so weigh up your options before jumping into any additional proceedings. To decide if mediation is going to be the best use of your time, money, and mental energy during your divorce, it’s best to consult with an expert divorce lawyer. They can advise you based on your specific circumstances, so you can make an informed decision about working with mediation lawyers.