No one looks forward to the stress and financial drain that comes with a heavily litigated divorce lawsuit. No wonder some people opt for mediation as a less costly and amicable alternative. You can turn to a lawyer trained in family law mediation, and in the art of negotiating to help mediate your divorce related disputes. Call (832) 390-4414.
Texas Divorce Mediation Tips
Mediation is a process that involves the two spouses’ attorneys and a skilled mediator. The mediator’s main goal is to help the two parties reach an agreement. Disputes may include things such as child custody, property division, and spousal support.
The Process of Mediation
The two parties choose the mediator with the advice of their lawyers. If they cannot agree on a mediator, then the court will appoint one. In mediation the following happens:
- The mediation takes place in the mediator’s office
- Everything that is said at mediation is confidential. Meaning that the mediator cannot testify in court about what was said at mediation. During a trial neither party can testify about what was offered or said at mediation
- The mediator’s role is to determine what issues separate the parties and helps them find a middle ground to resolve those disputes. The mediator is not there to make a decision.
- The mediator helps both parties to look at why they need to settle
- You and your attorney will be placed in a different room from that of your spouse and their attorney. Then the mediator will shuttle from one room to the other trying to understand the facts, offering suggestions and conveying offers.
- If the case is settled at mediation and the court approves it, the mediated settlement agreement is irrevocable and binding and cannot be changed. There is nothing the court can do if a party has “buyers’ remorse” or discovers that they made a big mistake.
- Once the case settles at mediation an order will be prepared and submitted to the court. This usually happens in about two weeks. The judge will sign the case and then it will be over.
- If the case is settled at mediation, the mediator will write a letter to the court informing them that the case did not settle.
Benefits of Mediation
In Texas you the court is likely to require the parties to go through mediation before going to trial. This is probably because mediation is highly successful at resolving divorce disputes. In fact, more than 90 percent of cases settle in mediation before proceeding to trial. Apart from that, mediation means less money spent in attorney’s fees and less time spent arguing a case in court.
Less money spent on an attorney also means more money that the two parties can divide between themselves. You are also likely to agree on creative solutions for unusual needs or circumstances and avoid professional repercussions of a public trial. Higher rate of satisfaction with the outcome of the case is more likely in the mediation because you know what you want better than anyone including the judge.
Mediation does not relieve the difficult nature of a divorce. So get a lawyer that is resourceful and experienced and able to keep you focused even as you go through different emotions and stress.
