Many spouses have come to realize that if they are going to continue sharing ownership of a family business after their divorce, they’re inevitably going to have to find a way to be civil with one another. The same logic applies if they share minor children. This may explain the uptick in couples choosing to mediate their divorces in recent years.
There are many benefits associated with pursuing mediation. It can help you accelerate the settlement of your case since you don’t have to have to compete for time on the court’s schedule. Mediation is typically less expensive than litigation. Mediation also allows you to broker an agreement that works for you and your spouse instead of a judge deciding for you.
An additional benefit associated with mediation that often appeals to couples is their ability to keep mediated discussions private. Texas law protects your right to do this.
Why is privacy in divorce mediation important?
Divorcing couples often have to discuss personal financial matters, including their assets, to reach a property division settlement. Discussions about a spouse or child’s potential medical concerns, inappropriate marital behavior such as infidelity, your approaches to parenting, personal demons such as addictions and other sensitive information may also arise as part of this.
Almost all court hearings are open to the general public. A court reporter takes down any words exchanged in court. Your divorce could become public fodder if you were to pursue litigation in your divorce case.
You and your spouse can discuss your differences privately in mediation and not have what you say be memorialized for future review. Knowing that what you say isn’t going to be documented may allow you to more freely discuss the concerns that leave you currently pursuing a contested divorce. This may enable you to pursue an uncontested divorce in your case, with you and your spouse as the authors of your mediated settlement.