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Mediation as an Alternative to Litigation in a Child Custody Case
One alternative to litigation is mediation. This is especially true for the sheer fact that emotions can overwhelm both sides quickly, negatively affecting the children. With mediation, those emotions can be kept at bay, promoting cooperation among the parents.
Mediation works by having both sides discuss their case with a neutral third party; that is, someone who has no vested interest in either side. In fact, the mediator's only interest is what is best for the child.
While a mediator can assist in coming up with some type of agreement, he or she cannot legally bind the parents to it. The hope is that the parents will choose to comply with a plan that is in the best interests of their children.
Advantages of Mediation in a Child Custody Case
There are several advantages to this alternative when it comes to a child custody dispute. The first is that it helps to create collaboration between the parents.
This can be helpful not only in the initial process of settling a child custody case, but also may have long-term effects. If parents can learn early on how to work together, it can foster ongoing cooperation.
The second advantage is that it usually relieves some stress, not only for the parents, but also the child. When parents attempt to work together, it helps the child to feel better about the situation.
A third advantage of mediation is the savings of both time and money. Litigation can take a long time to work through and is costly.
The fourth advantage is that negotiation is the foundation of mediation. If both parents are allowed a say in how child custody will be worked out, it creates the ability to work through it without anger or other negative emotions getting in the way. Additionally, your child will benefit from the reduced amount of familial stress.
Finally, mediation allows for greater flexibility when it comes to determining child custody. Ideas for workable situations are often considered, which may not have been thought of otherwise.
Despite going the route of mediation, you would still benefit in securing legal representation. A Dallas divorce attorney can help you better understand the mediation process and family law codes.
Even with mediation, you still want the assurance that your child’s best interests are taken to heart. But you also want to know that your rights as a parent are being considered.
Any agreement made through mediation would benefit from having an attorney examine it. This way, you can feel confident that the best plan for everyone is enacted.
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