Regardless of the reasons behind it, the notion of divorce commonly brings out ill will and defensive feelings that have the potential of making the process difficult. People in pain are more likely to feel like their rights are being violated and that they are not being treated fairly (by the court or the process in general). Because of this, people are apt to dig in their heels and prepare for protracted litigation.
Texas family courts have known about this reality for quite some time, which is why more litigants are being required to take part in some form of mediation before filing actions in court (especially post-divorce motions and other enforcement actions). So if there is saber-rattling going on between you and your soon-to-be ex, there are a few reasons why you may benefit from mediation.
You will be heard – Of course, in court, you can be heard, but much of the talking is done through your attorney. In mediation, you are able to direct the conversation and express yourself. Your attorney is still available, but he or she is more likely to fill in the blanks instead.
The context is different – Mediation is a based on finding solutions, not determining who is right or wrong. Since it is not an adversarial process, the parties are encouraged to work together on solutions, not proving one’s position. Both parties come out with something.
It costs less than traditional litigation – Most importantly, mediation is cheaper than traditional litigation. After all, parties are not required to file (or answer) motions, letters are not constantly sent back and forth, and there is no trial.
Source: HuffingtonPost.com, Using mediation to keep your cool during and after divorce, August 27, 2013