There are several benefits of mediation over litigation in that it gives the couple the opportunity to control the outcome of their divorce and is often less expensive. The couple is free to formulate creative solutions that often result in more favorable outcomes. Mediation can also lessen the stress of divorce. If cooperation cannot be achieved among the parties, then the ultimate result is that an unbiased judge will hear testimony, consider evidence and ultimately put orders in place that are not debatable. Some couples agree to mediation due to the benefits while others may be ordered by the court. Texas courts are beginning to encourage divorcing couples to use mediation to resolve family law disputes before resorting to litigation.
The mediator's role is similar to that of a judge, however, the mediator cannot issue binding decisions. The mediator identifies areas of agreement and tries to assist the parties in reaching a mutually acceptable solution. When an acceptable solution is reached, Michael will reduce the agreement to writing and have all appropriate parties sign the agreement before presenting it to a judge. Once signed by the judge, the order is complete and enforceable on the parties in the same manner as if the judge had issued the order during a trial. In instances where the parties were unable to agree on the terms, the case goes to a court to litigate the issues. Anything that was said or agreed upon during mediation has no effect on the court's decision.