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Communication breakdown does not rule out divorce mediation

There are a variety of reasons for why a couple may decide to end their marriage in Texas, and not all marriages end amicably. When a couple can no longer discuss issues with one another cordially, negotiating the major issues in a divorce agreement can seem out of the question. This is often why couples may turn to litigation rather than collaboration-people believe that since they can no longer communicate with one another, they will not be able to negotiate their issues successfully. However, this is not always the case.

When couples decide to mediate their issues rather than litigate, the mediator becomes charged with bringing about negotiation and compromise-not the parties themselves. This is the mediator's skill. This means they can help put a voice to the less communicative party's issues. Therefore, just because a couple's communication has broken down does not mean they cannot talk through their issues using other avenues.

Another prevalent myth is that the mediator decides what is fair for both parties and that oftentimes mediation favors men rather than women. However, through divorce mediation couples can negotiate an agreement that is fair for both of them, as the mediator helps them explore various options while weighing the pros and the cons. This also means that no gender is favored-both parties are given the knowledge and understanding to structure an agreement that they agree will benefit them for the future.

Although attorneys are bound to keep communications private, once declarations are filed in court they become public record and can be accessed by anyone, even children and grandchildren in the future. Divorce mediation, however, remains a confidential procedure through which no one's reputation is smeared in the heat of the moment.

Each couple has their own unique circumstances and reasons that bring them to the divorce table and each couple deserves to have their own solution to their problem. Collaborative law divorce is one way to negotiate divorce agreement amicably.

Source:, "Challenging the myths surrounding divorce mediation," Dr. Lynne C. Halem, Accessed on July 11, 2016

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