The National Mediation Policy Act

Divorce mediation is not like litigation. It is not an adversarial process. The goal of litigation is for one party to win over the other. In contrast, mediation has no winners and losers. Two people each have the chance to be heard and feel like their viewpoint is valued. Mediators respect their relationship and strive to resolve issues with a compromise that serves both parties.

By comparison, when couples litigate, often animosity grows and their relationship suffers. Each party is out for themselves and during litigation there is typically a lack of respect or lack of consideration for the other party’s wishes. Communication erodes. Under stress, hostility increases. In addition, when couples have children, co-parenting can become an even more difficult task.

What Is the National Mediation Policy Act?

The National Mediation Policy Act proposes that it be a matter of policy to use mediation first when attempting to resolve disputed issues. Mediation is a method that can preserve interpersonal relationships.

The following organizations have endorsed this act:

  • The Academy of Professional Family Mediators (APFM)
  • The Association for Conflict Resolution (ACR)
  • The National Association for Community Mediation (NAFCM)
  • Mediators Beyond Borders (MBB)

Language that expresses the initiative is:

“It is the policy of the United States that, when two or more individuals or entities are in protracted dispute, it is preferable that such disputants actively and voluntarily take part in solution-seeking mediation, rather than allowing the dispute to remain unresolved or result in costly litigation, continued conflict, and elevated risk of violence.”

Do You Need Help with Divorce Mediation?

Divorce mediation is often a viable approach for divorcing couples. In fact, many Texas county courts require that couples mediate before resorting to litigation.

Attorney Thomas Little is a certified mediator with extensive mediation experience. He is glad to answer your questions and explain how mediation might benefit your case.

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