Spouses preparing for divorce in Texas may schedule mediation sessions. In some cases, mediation might be mandatory in custody disputes. Other times, it is a choice that the spouses make in the hopes of pursuing an uncontested divorce.
Many people are unfamiliar with mediation and don’t know what to expect. They may feel nervous about sitting down with their spouse for the first time in weeks. Those who know what occurs during mediation may feel more comfortable about attempting it.
Opening statements
Just like a trial in court, mediation begins with each party making an opening statement. That statement likely includes key details about the situation. The mediator also explains the process to the spouses so that they feel comfortable and know what to expect.
Preliminary discussions
In most mediation sessions, the spouses then have a facilitated conversation with the assistance of the mediator. Spouses may go into greater detail about their requests or expectations. They may ask each other questions. The goal is for both parties to better understand the perspective of the other.
Caucuses or separate meetings
Some high-conflict mediation sessions do not involve direct communications but instead jump directly to the caucus process. The mediator sits down to discuss the situation separately with each of the spouses. They then have an opportunity to discuss their concerns and goals. They can go into greater detail in an environment where their spouse is not present to contradict them or argue with them. The mediator can also posit potential solutions for the current disputes that the spouses need to resolve so that they have an opportunity to contemplate those options.
Joint negotiations
The spouses and the mediators sit down again to communicate jointly about ways to compromise and resolve their disagreements. In some cases, negotiations may take place over multiple different sessions. Other times, people may spend the better part of the day negotiating in an attempt to settle their disagreements and work out arrangements that both spouses feel are acceptable.
Signing a binding agreement
Once the spouses have resolved their disagreements through compromise and communication, everything they agree on becomes part of a written document. That agreement is a binding instrument that both spouses have to uphold as they move forward with the divorce process. Typically, spouses present that signed agreement to the courts as part of an uncontested divorce. If the spouses do not reach an agreement, then they do not sign a document and may have to move forward with litigation. The mediation process can last anywhere from a few hours to several weeks depending on the approach employed and the level of conflict between the spouses.
Ideally, divorce mediation allows both spouses an opportunity to pursue specific goals and to communicate about their expectations regarding the divorce. Attending mediation can be a way for spouses to control the outcome of a divorce and minimize divorce expenses.