Dividing marital assets can be one of the most contentious issues in a Texas divorce, especially when a significant amount of money is at stake. In many cases, couples must resort to litigation and have a judge issue an order directing them as to how their assets should be divided. Litigating a divorce in court can be expensive, time-consuming, and emotionally draining, so it is important for couples to remember that it is possible to avoid litigation completely and reach a fair settlement through mediation. This option allows couples to maintain more control over the terms of their final arrangement, while also saving them time and money. For more information on whether mediation is right for you, please contact one of our Georgetown high asset divorce attorneys at your earliest convenience.

Property Division Settlement

Mediation offers divorcing couples an environment where they can work through divorce-related issues respectfully. These conversations are facilitated by a neutral third party who can help keep the parties on track, remind them of their goals, and ensure that emotion does not derail proceedings. There are other benefits to choosing mediation for a high asset divorce including the following:

Dissolving a marriage does not necessarily have to be contentious. In fact, many couples are able to come to decisions regarding custody, child support, and property division without a judge’s intervention. When this is possible, it can significantly cut down on expenses, save time, and help protect children from the more emotional aspects of divorce. Mediation is one of the best ways to achieve this type of result, so if you and your spouse are both focused on an amicable divorce, please contact a member of our experienced divorce legal team to learn more about your options.

What Does the Mediation Process Involve?

Mediations are one of the most popular methods of negotiating a divorce settlement and involve a meeting between both parties, their respective lawyers, and a neutral third party. This third party, known as a mediator, is tasked with helping couples resolve the following kinds of issues by facilitating discussion and negotiation:

As the negative effects of acrimonious divorces on families become better understood, more and more couples are attempting to dissolve their marriages amicably through collaborative divorce. Collaborative divorces allow couples to work together in coming to an agreement about property division and custody arrangements. This process can save both parties a substantial amount of time and money, while also eliminating a significant amount of stress. If you are considering a divorce, it is important to retain the services of an experienced child custody and divorce attorney who can explain your legal options.

Legal Requirements

During collaborative divorces, each party hires his or her own attorney before signing a legally binding Participation Agreement. In Texas, a Participation Agreement must adhere to certain requirements, including that it:

Many litigants and practitioners consider these forms of alternative dispute resolution to be similar. There are some commonalities, not the least of which is that they are both negotiation-based, as opposed to litigation-based, methods for dispute resolution. But comparing this alternative to complex property litigation with mediation is a little like comparing this article to William Shakespeare's literary epic Hamlet: while there are some similarities, the comparison is by no means apples to apples.

Functional Differences

Collaborative law is a comprehensive litigation alternative that includes a discovery component. During this process, the parties freely exchange relevant documents, and any disputes are worked out between the parties. In a similar vein, the spouses themselves are typically responsible for gathering financial and other documents, so they feel invested in the process. If there is need for an expert, such as an accountant, the parties divide the cost.