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The Pros and Cons of Divorce Mediation in Texas: Part 2

This article is the second in a two-part series describing some of the major advantages and disadvantages of using Texas divorce mediation instead of direct negotiation or litigation to resolve the conflicts in your divorce. The first article focused on the advantages of divorce mediation. This article covers some of the disadvantages, including circumstances when divorce mediation is not appropriate.

Some Disadvantages of Divorce Mediation

  • Divorce mediation can waste your time and your money—if it doesn’t work, you have to spend more time and more money going to court to resolve the issues.
  • Divorce mediation is not appropriate in marriages with any history of abuse. Mediation can only be effective when the power balance between the spouses is equal. If you are suffering in a physically or emotionally abusive marriage, the Texas Council on Family Violence has resources to help.
  • Divorce mediation relies on voluntary disclosure of all facts relevant to resolving issues like spousal maintenance, child support, and child custody. If, for example, your wife has a hidden bank account, the mediator cannot force her to reveal it. By contrast, a divorce court judge can sanction a party to a divorce proceeding who fails to disclose all relevant information.
  • Inexperienced mediators can create unfair, unenforceable, or incomplete divorce agreements. The market is flooded with divorce mediators, many of whom are well-qualified, conscientious professionals. However, as in any profession, you need to choose carefully to protect yourself from the harm that an untrained or unethical mediator could cause to your divorce.
  • The mediator cannot give you legal advice, even if the mediator is a licensed attorney. While mediating your divorce, the mediator must separate his or her role as a divorce lawyer from his or her job as a mediator. However, if you choose divorce mediation, nothing prevents you from hiring a divorce attorney to guide and advise you as you go through the divorce mediation process.

Stewart Law, PLLC, located in Baytown, Texas, has provided legal counsel to men and women in divorce and other family law cases for 8 years. We work closely with several highly trained divorce mediators in and around Baytown, and can serve as your legal counsel if you choose divorce mediation. For an initial assessment and consultation to determine whether divorce mediation is right for you, contact our family law firm online or call our office at
(281) 420-8020, at a reduced fee of $50.

 
Stewart Law PLLC