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Foray Family Mediation, LLC

When Is It Best To Use Mediation?

Montgomery County Divorce Mediation Attorney

Harris County Mediator for Family Law and Divorce Issues

Every divorce has its unique circumstances, but there are plenty of signs that will suggest whether or not you should begin the mediation process and hire a mediator. Before you decide whether or not the mediation process is best for you and your spouse or former partner, you must understand how divorce mediation differs from litigation and what kind of attitude you and your spouse will need to succeed with mediation.

If you do hire a mediator for your divorce, you must find one with experience in family law. Masah S. SamForay, Esq., founder of Foray Family Law, LLC, has 15 years of experience as an attorney helping clients file for divorce, advocate for child custody, determine alimony, and navigate domestic violence cases. The right divorce mediator is not just someone who is a capable listener and facilitator but is also knowledgeable in family law.

Differences Between Mediation and Litigation in Sugarland

Mediation is an alternative to presenting your case in court and is used in a variety of disputes, not just divorce. In litigation, two parties and their attorneys present evidence and defend their cases in front of a judge, who then issues a decision. Mediation allows the two parties to work together to come to a compromise that they are both satisfied with. Some other key differences between mediation and litigation are:

  • Mediation is usually less expensive. Even if you and your spouse are paying for your attorneys and a mediator, this will almost always result in lower costs than if you were to proceed with a courtroom trial.
  • Mediation can be quicker. While this is not always the case (mediation sessions can continue for as long as you and your spouse want), if a couple is willing to cooperate and come to an amicable agreement, they can save a lot of time in and outside of a courtroom.
  • Mediation is confidential. If you ever take your divorce to a courtroom, all of the information presented will be public. Discussions had while mediating are not public and are limited to you, your spouse, and your mediator.

When You Should Use Mediation in Texas

If you and your spouse:

  • both agree that a divorce is best for your futures;
  • are willing to consider your children's best interests;
  • can cooperate despite any differences; and
  • can settle for a compromise,

then you should mediate in order to get all of the perks the process entails, such as lower costs, confidentiality, and a better outcome for both spouses. However, if you and your spouse:

  • have a history of domestic abuse;
  • have bitter feelings that will prevent cooperation;
  • strongly disagree with the terms each other wants, or
  • do not want to listen and understand each other's point of view,

then mediation could hinder divorce proceedings and make it more expensive and time-consuming. For instance, if you and your spouse know that these issues will arise and pay for several sessions with your attorneys and a mediator, but you reach a stalemate, you will end up having to go to court and pay the legal fees that you were trying to avoid in the first place.

Contact a Fort Bend County Mediator

Even though there are some cases where mediation is not appropriate, the vast majority of divorces in this country are settled this way. When you and your spouse are willing to mediate and work with the right mediator, you can reach a better outcome than you would in a courtroom, and you can transition into the next phase of your lives on the right foot. Contact Foray Family Mediation, LLC today by calling 346-241-1999, and learn more about how Masah S. SamForay, Esq., can help you reach an agreement with your spouse. We provide mediation for clients in Houston, Conroe, Richmond, Cypress, Katy, Missouri City, Pasadena, and throughout Harris, Ft. Bend, and Montgomery County.

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