Going through a divorce is one of the most challenging and stressful times in a person’s life. The strain it can put on your psyche as well as your finances makes it imperative that you take every precaution to simplify the process as much as possible. If you’re fortunate, one option is mediation. While it’s a potentially easier and less contentious process than a regular divorce, mediation isn’t for anyone. As you seek out the best attorney for divorce, here are a few things consider to see if mediation is right for you.
Are You and Your Spouse in Agreement?
You don’t have to agree about every aspect of your divorce, but if you and your spouse agree on the framework of your divorce, you both want it to be as amicable as possible, and you think you can come to an eventual agreement to do so, then you may be a perfect candidate for mediation. Mediation involves being under the supervision of a neutral third-party mediator. Often retired lawyers and judges, they will make no decisions for you. They will listen to you and your spouse as you work your way towards finding common ground on your divorce. They are experts in the law and skilled at moving the negotiation in the direction of a satisfying resolution.
You Stay in Control
If you trust that you and your spouse will come to a full agreement, then there’s no need to put your divorce before a judge. Mediation is the best way to keep the decision-making process between you and your spouse. Once a divorce goes to trial, a judge can make rulings that require the both of you to comply, taking you completely out of control of your own divorce.
By keeping divorces out of the court system and away from the public eye, the benefits are such that some courts require couples to attempt mediation before taking it to court. There are, however, other ways of keeping your divorce from going to a public trial. Arbitration is effective at keeping a divorce private, and acts like a private trial where a third party hears arguments before issuing a binding decision. Meanwhile, a collaborative divorce gives the spouses more control over the outcome by allowing them to negotiate a resolution in consultation with their attorneys and a promise not to take it to court.
If you can work it out with your spouse, there’s no question that mediation is the best way to proceed in a divorce. If you have any questions on how to proceed, contact the best divorce attorney in San Antonio, TX, the Law Office of Steven C. Benke. We’re experts at finding the best solutions for our clients as they work their way through the process of a divorce. Call us at (210) 308-0004 today!