Disadvantages of Collaborative Divorce and Mediation

For Texas residents who have divorce in their future, many things may prove to be stressful. One of the most stressful factors for many soon-to-be-divorced couples is just what course to pursue to initiate the divorce process. Many will follow a traditional divorce path, while others may decide to pursue alternative options.

One such alternative option is collaborative divorce. Sometimes, a court battle is not necessary and spouses can work through the divorce process collaboratively. This is often done through mediation. The process of mediation is done out of court with a neutral third party known as a mediator. Oftentimes, mediation is quick and easy and can be less expensive than resolving a divorce through litigation. However, it is not without its disadvantages.

Just what are the disadvantages of mediation? In some cases, mediation lacks a way to really come to a fair resolution. Lawyers are often able to produce testimonies and evidence that mediators may not be able to get to. What’s more, courtroom procedures have certain formal rules that can help keep the process as fair as possible. Mediation often lacks these rules. Also, especially in abusive relationships, mediation can lack ways of protecting the victim. While this can sometimes allow the abuser to further inflict harm on the victim, which can often be prevented in a courtroom setting, it can also be extremely intimidating to the victim when the mediation is held less formally and in close quarters.

Deciding whether or not to pursue an alternate method of divorce is no easy matter. Sometimes it requires much planning and thought before a decision is made. Thankfully, attorneys are available to assist during the planning phase and throughout the divorce process. No matter what divorce method is decided on, it is always helpful to have legal expertise on one’s side.