Mediation vs. Litigation in Pearland
Helping Clients in Harris County & Surrounding Areas Determine the Correct Course of Action for Their Case
The Dieye Firm in Pearland is comprised of skilled and experienced attorneys who can work with you to find the best legal process for your divorce. We understand that each case is as unique as the parties involved and will create a case strategy that works best for your situation.
Texas Divorce Mediation
Mediation is a process whereby the parties work with their lawyers and a mediator to come up with a resolution that both spouses can be happy with. While it is not a fully collaborative process, it does require that both spouses be willing to make reasonable concessions. With mediation, you get to maintain a level of control that would otherwise disappear in court. With trials and hearings, the judge (and sometimes a jury) will have all the control.
Some other key benefits of mediation include: .
- more cost effective than litigation
- allows the parties involved to make crucial decisions
- is a private process
- allows the parties to openly discuss concerns between themselves and a neutral third party
One of the drawbacks to mediation is that the mediator is not a judge. This means that they cannot force you to come to an agreement, and if one of you decides not to settle, the case must be taken to a court. Mediators also cannot give you legal advice – they can only help you come to an agreement.
Texas Divorce Litigation
While litigation does not necessarily mean proceeding to trial (in fact, most parties manage to settle out of court somehow before it goes to trial), for the purposes of this article, litigation will be treated synonymously to a trial. A trial can be expensive, time-consuming, and very stressful. However, in some cases, a trial is necessary. If one spouse is being unreasonable, it might require a judge to make the final decisions on custody and the division of property. Sometimes, a spouse might feel angry and hurt from what transpired during the marriage.
They may feel that having ‘their day in court’ is cathartic and can help them come to a point emotionally where they feel ready to settle or accept the court’s decision. However, in addition to the time and expense, most divorce court cases are open and available to the public. No doubt personal issues will be brought up during the hearing, which could be embarrassing and painful to relive.
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At The Dieye Firm, our Pearland lawyers are committed to helping our clients obtain a positive outcome to their situation.
When I needed a lawyer - he was the only person that I called.- Sharmain
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