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| Mediation is an alternative dispute resolution ("ADR") method which is part of the Texas Family Code and a very common method of settling divorces. |
Mediation involves a neutral third party who assists both sides of a lawsuit in reaching a resolution of the matter. In Texas, the mediator is normally an attorney, and this is done in the mediator's office with a client and his or her attorney in one room and the other side in another room (called caucusing). The mediator will sometimes, however, start the process with both sides in the same room and let each attorney or party give an informal opening statement. The mediator then "caucuses" with each side in separate rooms, taking proposals back and forth to the other until hopefully a settlement can be reached. These mediations normally start in the morning and continue into the evening of the same day.
Family Courts typically prefer, and most even require, that the parties mediate their dispute prior to coming to trial.
Mediation offers the parties a chance to tell their stories to a third party and get feedback as to whether their position is reasonable or not. It facilitates settlement, and is less stressful than going to court. Once, or if, an agreement is reached, the attorneys draw up a mediated settlement agreement which is irrevocable and enforceable if it meets the requirements set forth in the Texas Family Code. All parties and their attorneys sign this agreement just as if it were a divorce decree. The mediated settlement agreement is then incorporated into a Final Decree of Divorce.
As opposed to Collaborative Family Law, the mediator and the lawyers do not share the risk of not reaching a settlement. The mediator cannot really control unreasonable clients or stonewalling, other than to try to persuade the unreasonable side or sides to be more flexible. This model of mediation is also rather expensive because the parties are paying the mediator's fee as well as their attorney's hourly rate.
Another type of mediation is done by non-lawyers (and some lawyers). In this model, the parties remain in the same room with the mediator through most of the process, and it is generally divided into multiple two to three hour sessions. The parties may or may not have attorneys, but the attorneys do not normally attend the mediation sessions. There are both benefits and potential detriments of this process, and it is very important to have a good mediator. If you are interested in determining if this process might work for you, ask us in your initial consultation. We are also available to act as a coach or consultant to you if you choose to use this type of mediation. See the section of this site on Limited Scope Services.
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| Larry Hance is Board Certified in Family Law by the Texas Board of Legal Specialization. Other attorneys are not certified by the Texas Board of Legal Specialization. |
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