Embarking on a divorce in Texas can be a complex and emotional process. Understanding mediation as an alternative to traditional litigation can be a game-changer. This concise guide will explore the key benefits of mediation, offering a smoother and often more amicable path through one of life’s challenging transitions.
The Benefits of Divorce in Mediation: An Overview
The popular conception of divorce that most people hold before actually starting one is that the case will likely end up with both you and your spouse standing before a judge.
You each will have amassed a mountain of evidence to utilize against one another. The judge will sit and evaluate each party’s evidence to determine the “winner” of the divorce. The winner gets more time with the kids and more money, and the loser gets the short end of the stick on both accounts.
With this belief in mind, it is no wonder why people wait until a divorce is filed for in many instances. If this were the reality, I could not blame a person for starting a case.
On the contrary to the above scenario, you are much more likely to finish your case by settling with your spouse rather than to go in front of a judge to have them do the same for you. One of the reasons settlements occur with such frequency in Texas divorces is mediation. This will be the topic of today’s blog post from the Law Office of Bryan Fagan, PLLC.
What We Know About Your Divorce Before It Is Even Filed
In every divorce case, certain constants exist. You and your spouse will both aim to reach a resolution that aligns with your individual interests.
Ideally, the outcome should be equitable, but ‘fairness’ varies from person to person, including you, your spouse, and the family court judge. Hence, family law cases hinge on concrete facts and evidence. The power of your case doesn’t stem from your perception of fairness but from the skillful gathering and presentation of evidence by you and your attorney.
Mostly, you compile evidence for your spouse rather than a judge. Turning to a judge in a temporary orders hearing or final trial usually represents the final step. The family law process forces you to assert your position, regardless of whether your case settles outside of court, with courtroom advocacy remaining a separate possibility.
The inherent setup for court proceedings brings complexity to divorce cases. Right from the start, when you file an Original Petition for Divorce and possibly request Temporary Orders, you establish a framework for confrontation.
Your spouse’s Answer and Counterpetition add to this dynamic. This occurs even before lawyers exchange basic courtesies, laying the groundwork for potential conflict.
The Benefits of Mediation: It Is an Alternative to Conflict
Although mediation won’t eliminate all conflict in your divorce, it offers an alternative to the court system for addressing unresolved issues. If you can resolve your conflict outside of court, you will likely do so during a mediation session.
Mediation typically takes place in the office of a neutral, third-party family law attorney whom you and your spouse both hire to help settle your case.
Alternatively, mediation can take place through the county where you have filed your divorce. However, using a private mediator is more common than this approach.
During mediation, the mediator will place you and your spouse, along with your respective attorneys, in separate rooms at the mediator’s office. This arrangement ensures that you do not have to encounter each other directly.
I have been a part of mediations (through Montgomery County, for those interested) where the mediator has requested that we begin the process sitting face to face with one another. This has caused problems in that one spouse has done something, rolled their eyes, failed to acknowledge the other, etc., which has taken the mediation off track.
What happens during mediation?
A mediator acts as a ping pong ball, bouncing back in between your room and your spouse’s room to go through the outstanding issues of your case and help each side work out an agreement. Part of a mediator’s job is to assist both you and your spouse in understanding your cases’ strengths and weaknesses.
To help you decide whether to proceed to court or to settle your case in mediation, this approach serves as a guide. Typically, most people find it more beneficial to make this decision themselves, although exceptions may exist in your case.
When mediating a case, consider both financial and emotional aspects. If you understand the risks of presenting your case to a judge and still cannot reach an agreement, you have the option to proceed to court. However, with the support of a strong advocate, you can determine the best course of action for you and your family. Often, a creative, conscientious, and intelligent mediator can guide you towards an agreement that merits serious consideration for resolving your divorce case.
Questions on divorce and mediation? Contact the Law Office of Bryan Fagan, PLLC, today.
If you are considering a divorce or have had divorce papers served upon you, please contact the Law Office contact the Law Office of Bryan Fagan, PLLC, to learn more about divorce in Texas. Our office represents clients across southeast Texas and would be honored to do the same for you. We offer free consultations with our licensed family law attorneys six days a week.
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Other Articles you may be interested in regarding Houston Court Local Rules:
- Texas Family Law Courts: Mediation and Divorce Essentials
- Texas Family Law Courts: What to Expect
- Harris County, Texas Family Law Court – 245TH Judicial District Local Rules
- 247TH Judicial District Local Rules
- 246TH Judicial District Local Rules
- Harris County, Texas Family Law Court – 308TH Judicial District Local Rules
- Harris County, Texas Family Law Court – 257TH Judicial District Local Rules
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
- Is Social Security Considered Separate Property in a Texas Divorce
Frequently Asked Questions (FAQs) – Divorce Mediation in Texas
What to Expect in Texas Family Law Mediation?
Family law mediation in Texas typically involves both parties meeting in a neutral setting with a trained mediator. They will discuss and negotiate various aspects of their case, such as child custody, property division, and spousal support, with the goal of reaching a mutually acceptable agreement.
What are the Rules of Mediation in Texas?
The rules of mediation in Texas can vary, but they generally include guidelines for the mediator’s conduct, confidentiality, and the mediation process itself. These rules are designed to ensure a fair and productive mediation session.
Is Mediation Mandatory in Texas for Child Custody?
In Texas, mediation is often required for child custody disputes before taking the case to court. It gives parents an opportunity to work together to create a parenting plan that serves the best interests of the child.
Is Mediation Legally Binding in Texas?
Yes, mediated agreements, once signed by both parties, are legally binding in Texas. They can be enforced in court if necessary, making it crucial to carefully consider and understand the terms of any mediated settlement agreement.
How Long Does Mediation Take in Texas?
The duration of mediation in Texas can vary depending on the complexity of the case and the willingness of both parties to cooperate. Some mediations can be resolved in a few sessions, while others may take several weeks or even months.
What Should You Not Say During Mediation?
During mediation, it’s essential to avoid making inflammatory or disrespectful statements about the other party. Negative comments can hinder productive discussions and escalate tensions. It’s best to focus on finding common ground and constructive solutions.
What is the Golden Rule of Mediation?
The golden rule of mediation is to treat others with respect and fairness. It’s about fostering a collaborative atmosphere where both parties can express their concerns and interests without fear of judgment.
How Do I Prepare for Mediation in Texas?
Preparing for mediation in Texas involves gathering relevant documents, understanding your goals and priorities, and considering potential solutions to the issues at hand. Having a clear understanding of your case and being open to compromise can enhance the mediation process.
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 essential 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 the 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, Houston, 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.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
