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Mediation in Texas Divorce: A Time and Money Saver

A Guide to Mediation in Texas Divorce Cases

Navigating a divorce in Texas can be daunting, but there’s a silver lining: mediation. This article introduces the concept of mediated divorce in Texas as a potential time and money saver in Texas divorce cases. We’ll explore how this less confrontational approach could offer a smoother path through the complexities of divorce proceedings.

Since I began practicing family law, most clients and potential clients that I have had the opportunity to work with have believed that a judge will decide their divorce case. It could be that they’ve heard stories from friends and family who have had long, drawn-out divorces where a judge did have to intercede when the parties themselves could not agree to settle their issues outside of court.

The other thing that I’ve often thought was that television and movies have for so long made the “courtroom drama” of a heated trial the centerpiece of so many plots. This is understandable. There is nothing all that exciting or tension-filled about negotiating towards a settlement.

Why Mediation Should Always Be an Option

I’ll tell you one thing that negotiations are, though: smart. Negotiating with your soon-to-be ex-spouse about the critical issues in your case is the most intelligent decision either of you can make.

Now, I fully understand that you are probably upset with the opposing party in your divorce. They are “costing” you money, time, and stress. You may believe that they are putting your children through a tough time that could have been avoided. The fact that you have to sit in the room with a lawyer and discuss splitting your life in two and losing time with your children may make your blood boil.

However, negotiations more often than not lead to settlements that can avoid going to trial and having a judge (who doesn’t know your family at all) make decisions for you that will affect your lives for years to come.

An Explanation of What Mediation Means for You and Your Family

A Guide to Mediation in Texas Divorce Cases

This guide aims to demystify what mediation is and how it can significantly benefit you and your family during these trying times.

  • Prevalence of Mediation in Divorce Cases: Surprisingly, mediation resolves 90-95% of divorce cases, which do not end up in trial. This approach is more common than many might expect.
  • What is Mediation?: In mediation, both spouses and their attorneys engage in a formal negotiation session with a mediator. The parties or the court may appoint this mediator. Their goal is to amicably negotiate and settle the divorce, avoiding a contentious court battle.
  • Role of the Mediator: Experienced attorneys specializing in family law typically serve as mediators.
  • Court Mandate and Effectiveness: Often required by the court before a final trial, mediation has proven effective in uniting spouses on key issues, easing the divorce process.
  • Creative Problem-Solving: Mediation thrives on innovative solutions and problem-solving techniques that help families transition smoothly into their new life phases. This is particularly crucial in resolving complex issues like visitation rights or conservatorship.
  • Resolving Complex Issues: Whether it’s dividing a business or tackling other challenging aspects of the community estate, mediation offers a platform to address these issues calmly and constructively.
  • Separate Negotiation Spaces: In mediation, spouses are usually in separate rooms with their respective attorneys. The mediator shuttles between the rooms, conveying offers and counter-offers, akin to a “ping pong ball,” ensuring effective communication without direct confrontation.
  • Handling High Animosity: This separation is particularly beneficial when there’s high tension between spouses. It allows for negotiations to proceed without the emotional triggers that could derail the process if both parties were in the same room.

Mediation offers a more peaceful and solution-oriented approach to divorce, focusing on collaboration rather than conflict, which can be significantly beneficial for the entire family.

Additional Benefits of Mediation: A Flexible Schedule and Direct Control Over What Is Decided

Mediation sessions in divorce typically span four hours, with more complex cases possibly requiring a full day. This approach is cost-effective compared to preparing for and attending a contested court trial. It also allows for more flexible scheduling.

Mediators often let couples return at a reduced rate for more sessions. They may waive fees if an agreement is near.

A key benefit of mediation is the control it gives over the divorce process. Couples can shape decisions about custody, property, and finances, unlike in a court trial.

This involvement is crucial in tailoring solutions to the family’s unique needs. A mediated agreement is final and binding, eliminating the possibility of second thoughts post-settlement. This feature positions mediation as an effective and preferable method for amicably concluding a divorce.

The Law Office of Bryan Fagan, PLLC: Advocates for southeast Texas families

A Guide to Mediation in Texas Divorce Cases

If you have any questions about divorce, mediation, or family law in general, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We represent clients across southeast Texas and would be honored to do the same for you and your family. Please get in touch with us today to set up a free-of-charge consultation where your questions can be answered.

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