What is my recourse if I am unhappy with mediation results?
The Role Divorce Mediation
In some divorces, spouses participate in mediation in order to avoid a courtroom trial. Mediation typically addresses contentious issues, such as child custody, child support, alimony, and property division.
In divorce mediation, both spouses meet with a neutral third partyâwhich can be an attorneyâto try to resolve issues through open communication. The mediator’s role is to facilitate discussion, rather than prescribe or enforce decisions. If mediation is successful, then an agreement can be drafted and presented to a judge, thereby averting a trial.
There are many advantages to divorce mediation in Dallas:
- It could avoid unnecessary costs and stress associated with a courtroom trial
- It is voluntary and encourages spouses to respect each other’s positions
- It is private
- It could avoid the risk of emotional trauma for children
The benefits of mediation are actually so widely acknowledged as to be prescribed to spouses in some jurisdictions before a judge will hear the case.
When divorce mediation fails
Unfortunately, divorce mediation does not always succeed in reaching an agreement between spouses. As a voluntary process, divorce mediation does not require that you reach an agreement. Perhaps, one spouse is unhappy with the direction that the discussion is moving or feels pressured to accept terms. In such cases, the recourse is to speak to a divorce attorney about taking the divorce to trial.
Taking the case to trial may be the only way that your story can be heard and your interests represented. When a divorce goes to court, a judge ultimately decides how issues such as child custody and property division will be resolved. Judges follows state statutes for marriage dissolutionâsuch as guidelines about how to decide propertyâwhile using their discretion. A skilled divorce lawyer will know how to aggressively represent your interests and reach a fair settlement.
This article has been provided courtesy of Divorce Attorney, Michelle Goodwin. You can reach Ms. Goodwin by calling toll-free: 888-393-7124.
Copyright © 2011 LexisNexis. All rights reserved.