3 Great Texas Divorce Mediation Ideas

Learn the Basics of Texas Divorce Mediation

Mediation is frequently successful for divorcing couples in large part because the mediation process allows for a more informal setting and encourages input from the divorcing spouses. Mediation also allows for parties to be more creative in forming a solution that will work for their particular situation.

The parties and their attorneys can agree on a competent mediator, or have the court choose one for them. Family law mediators typically have extensive experience as practicing family law attorneys and/or as former family law judges. During the mediation, each person will have a chance to describe his or her view of the case to the mediator and make offers to settle all or part of the dispute.

The mediator will discuss these facts and offers with each party in an attempt to facilitate a compromise. All of the communications with the mediator are confidential, and the mediator can only disclose to the judge whether the parties did or did not reach an agreement.

3 Great Texas Divorce Mediation Ideas

Divorce is a complex and emotionally challenging process, especially when it comes to matters like asset division, child custody, and financial planning. In Texas, where divorce laws have unique characteristics, mediation offers a path to amicable resolution.

Collaborative Approach to Asset Division

In Texas, where community property rules prevail, dividing assets in a divorce can be a complex and contentious process. A collaborative approach to asset division in mediation focuses on open and honest discussions, aiming to reach an equitable division of assets. This approach involves each party fully disclosing their assets and debts, and then working together to decide how to divide them.

Learn the Basics of Texas Divorce Mediation

The primary benefit of this approach is the achievement of fair outcomes that are agreeable to both parties. It significantly reduces the conflict often associated with divorce proceedings, as it fosters a cooperative rather than a confrontational atmosphere.

A notable case involved a couple who owned a family business. Instead of battling for ownership, they used mediation to agree on a valuation for the business and then decided on a fair way to compensate the party not retaining the business. This collaborative method allowed them to preserve the business while also ensuring a fair settlement.

Child-Centric Mediation Focus

Divorce can be particularly challenging for children. A child-centric approach in mediation places the needs and well-being of children at the forefront. This method involves discussing and planning for aspects such as custody arrangements, parenting schedules, and children’s education and health care needs, always keeping the best interests of the children in mind.

This approach minimizes the emotional impact on children and helps to establish a framework for positive co-parenting post-divorce. By focusing on the children’s needs, parents are often able to move past their differences and work towards a mutually beneficial agreement.

Mediators often facilitate discussions by encouraging parents to envision their children’s future and make decisions accordingly. In one case, mediators helped a divorcing couple create a parenting plan that accommodated the children’s educational needs and extracurricular activities, ensuring minimal disruption to their routine and emotional well-being.

Future-Focused Financial Planning

Financial instability can be one of the most significant challenges post-divorce. Future-focused financial planning in mediation involves creating a financial roadmap for life after divorce. This includes budget planning, retirement planning, and discussions on alimony or child support, if applicable.

This approach ensures long-term financial stability for both parties and reduces the likelihood of future conflicts over financial matters. It helps divorcing couples to transition into their new lives with a clear financial plan in place.

Steps in this process often include evaluating each party’s earning potential, future expenses, and financial goals. In one instance, mediators assisted a couple in creating individual budgets that accounted for their new living arrangements and responsibilities, ensuring both parties were financially prepared for the future.

Houston Divorce Mediation

At The Law Office of Bryan Fagan, PLLC, our Houston divorce attorneys provide highly effective representation for clients participating in divorce mediations. During the process of any family law proceeding, there is a high likelihood that the court will require the parties to attend mediation. The general purpose of family law mediation is to facilitate an agreement between the parties on disputed issues.

There has been an increase in the number of Texas family and divorce courts that mandate parties to attempt to form agreements through mediation prior to going to hearing on temporary orders and/or trial.

Generally, persons involved in family law litigation have much more flexibility to enter into creative and tailored solutions to the issues involved in the lawsuit if they do so at mediation. The court can order the parties to mediation.

However, it cannot mandate that the parties reach a compromise. If a compromise cannot be reached, the litigants must then submit their disagreement to the court and the judge will make a ruling.

Important Factors About Mediation to Keep in Mind

Learn the Basics of Texas Divorce Mediation

Mediation is Confidential

In order to encourage people to negotiate in mediation Texas rules of procedure provide that mediation is confidential. In other words what happens in mediation, stays at mediation. This means that any offers that are communicated during mediation cannot be used as evidence in future any future court hearings.

Agreements Reached in Mediation are Final

If an agreement is reached in mediation it will be reduced to writing in a document called a mediated settlement agreement. The parties and their respective attorneys execute the mediated settlement agreement.

That mediated settlement agreement (MSA) becomes a contractually binding agreement that cannot be changed absent a showing of fraud, or coercion or duress in the procurement of the mediated settlement agreement.

One of the most important Texas Supreme Court cases on this matter was “In re Lee” which upheld a mediated settlement agreement in a family law case.

The Judge in “In re Lee” refused to enter judgment based on the agreement. Mother filed a motion to enter judgment, while Father filed to withdraw his consent to the agreement. The Judge heard testimony and concluded that the agreement was NOT in the best interest of the child and refused to enter judgment.

The Texas Supreme Court holds that the statutory language which makes mediated settlement agreements in family law cases irrevocable and a trial court may not deny a motion to enter judgment on a properly executed mediated agreement. So a trial court will not have grounds to set aside a mediated agreement just because the trial court disagrees with the agreement reached.

The Court held that the mediation rule – Texas Family Code section 153.0071 – trumps over any conflicting statute because the mediation statute uses the language “notwithstanding… another rule of law.”

Prepare for Divorce Mediation

At the Law Office of Bryan Fagan, PLLC, we advocate for thorough preparation as the best approach to settle any family law lawsuit, including prior readiness for the mediation process. During our initial consultation, we will discuss the necessary documents and information you need to prepare for mediation.

Before mediation, we will request that you provide us with the most recent financial statements for any bank accounts, retirement accounts, stocks, and documents showing any debts. We also find it valuable to have the blue book values of automobiles, boats, and other vehicles.

If your case involves children, please bring personal calendars that detail the children’s activities and note any significant events that occurred during or just before the litigation.

Final Thoughts

Embracing these three mediation ideas in Texas divorces can lead to more equitable, child-focused, and financially prudent outcomes. Together, these strategies represent a compassionate and pragmatic roadmap for couples navigating the complexities of divorce, making the process less daunting and more hopeful for a positive future.

Ebook

Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Divorce Wasting Assets[4] If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: 13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!

  1. Dividing community property in mediation: What can be done to settle your divorce in Texas
  2. Mediation: A time and money saver for your Texas Divorce
  3. Mediation: What is it and how can it benefit my Texas Divorce?
  4. 5 Things to Do to Prepare your Texas Divorce Case for Mediation
  5. What is mediation?
  6. What is Divorce and Family Law Mediation in Spring and Houston Texas?
  7. 6 things You Need to Know Before You File for Divorce in Texas
  8. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
  9. Can I sue my spouse’s mistress in Texas?
  10. 6 Tips – On How to prepare for a Texas Divorce
  11. Child Custody Basics in Texas
  12. 6 Mistakes that can Destroy Your Texas Divorce Case

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Categories: Uncategorized

Share this article

Category

Categories

Related Articles

Legal Remedies: How Texas Addresses Cyber Bullying and Ensures Online Safety

The Evolution of Legislation: Tracing the Development of Texas Cyber Bullying Laws

Navigating the Divorce Spectrum: Understanding Contested vs Uncontested Divorce

Dirty Divorce Tricks Series: Using Children as Weapons

The Road to Clarity Parental Rights and Child Custody in Texas

Las Vegas Under Fire: Survival Of Campus Shooting

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

Office Hours

Mon-Fri: 8 AM – 6 PM Saturday: By Appointment Only

"(Required)" indicates required fields