The circumstances of every Texas family are unique, and when couples decide to file for divorce, they can determine whether their divorce will be contentious or amicable. Many couples choose to avoid litigation, but this is only possible if communication has not broken down completely. Those who choose mediation rather than litigation have more control over the important decisions that will impact their post-divorce lives, and that might even result in healthy ongoing relationships between divorced parents and their children.
When comparing a high-conflict litigated divorce with a mediated divorce, it is clear that litigation is significantly more expensive. Sadly, it is also reported that high conflict divorces often give rise to violence because couples are pitted against each other in court, exacerbating contention. A chief negotiator of an elite hostage negotiating team stated that a high conflict divorce can be compared to a hostage situation.
However, contention in a divorce may be lessened through mediation. This process offers a platform to resolve conflict through communication and negotiation. In mediation, the emotional aspects that are typically of no concern to judges can be addressed in peaceful conversations in which compromise is encouraged. Mediation is facilitated by a qualified divorce mediator, and the legal representatives of both parties can be present to provide valuable input.
Texas couples who are considering divorce may benefit from discussing their options with their respective attorneys. An experienced attorney can evaluate the circumstances and the dynamics of the family before suggesting the most appropriate way forward. If mediation is the chosen method, an attorney can ensure his or her client’s concerns are addressed and resolved in a fair manner. A lawyer will also ensure the legality of the ultimate divorce agreement drafted after mediation.
Source: The Huffington Post, “5 Insane But True Facts About High Conflict Divorce“, Elizabeth Esrey, March 5, 2016