Mediation or Final Trial?

Mediation or Final Trial?

Which Option is Right for Me - Mediation or Final Trial?

If you find yourself in a contested family law case, your attorney will likely discuss with you the pros and cons of mediation over going to court. Firstly, many counties in Texas require that you mediate before using the court's resources and have a final trial.

The overwhelming majority of cases settle through mediation rather than in court. Most people do not want a judge deciding issues such as how often they get to see their children, or how their property should be divided. Having your day in court does not mean that the judge wants to hear all about every gripe you have with your ex spouse or the other parent of your children. In fact, trying to tell the judge absolutely everything can do more harm than good to your case.

The Pros of Mediation:

  • Mediation can save parties a significant amount of money as it often settles the divorce without having to have a final trial
  • Mediation can assist with issues that have yet to be resolved without having to have a judge/jury make the final decision
  • Mediation can give parties a sense of ownership over their case as they get to have input on what they do and don’t want
  • Mediation can mean finalizing your divorce much faster than having a final trial

The Cons of Mediation

  • Mediation is often not a suitable option for victims of family violence due to a power imbalance
  • If you know that one party will not budge on their issues, mediation likely won't be successful

There is no one size fits all. Whether you mediate or head to court is something you should discuss with your attorney to make sure you are making an informed decision about what's best for you. Please do not hesitate to contact Deitchle+Simone for further information.

Categories: Family Law