Couples and families wishing to resolve their family law and divorce-related issues have many legal options. If they want to resolve these issues outside of a courtroom, family law or divorce mediation is often the best choice.
Why choose divorce mediation? In Texas, family law mediation usually concludes with an amicable resolution to even the most complicated family problems—making it one of the fastest-growing alternative dispute resolution methods in the state.
During the Texas divorce mediation process, both parties meet with a neutral third-party professional (also known as a mediator) to reach an agreement. During this meeting, Texas couples may choose to enter mediation with or without their lawyer's present.
These confidential sessions allow for both parties to discuss their differences in a safe and controlled environment. Unlike a judge, the mediator does not make any decisions; instead, the mediator facilitates appropriate conversation between the disagreeable parties to reach a mutually beneficial agreement.
Nothing discussed in the Texas mediation sessions is formally agreed to or enforceable unless there is an executed agreement that has been signed by both parties. In other words, mediation is non-binding.
The Benefits of Family Law Mediation
Many litigants or potential litigants are gravitating towards Texas mediation due to the following benefits that TX mediation has to offer:
- Voluntary—in private Texas mediation, both parties are willing participants who want to be engaged in the process towards a potential resolution.
- Confidential—all Texas mediation, whether private or court-mandated, takes place in a confidential setting. This ensures that the settlement discussions and negotiated positions revealed by each party never reach the judge, courtroom, or court papers. Therefore, both parties are free to openly offer reasonable settlement terms without the concern that a judge might learn about their "over-generosity" or "under-generosity" should a settlement not occur in mediation.
- Neutral—in both the private mediation process and in court-mandated Texas mediation, the professional mediator's role is to remain impartial with no vested interest in either party's position. After understanding both parties' positions, the TX mediator will facilitate a reasonable agreement between the parties.
- Non-binding—no agreement reached during the mediation session is initially subject to enforcement until both parties sign the final settlement contract.
- Collaborative - During a mediation session, the mediator's goal is to assist the parties in working together to reach an amicable resolution. The plan is that the solution will suit their needs and their family's needs. When couples settle their conflict during mediation, it tends to reduce the tension between the parties. Mediation helps to preserve the relationships, strengthen co-parenting, and provides a greater likelihood of compliance with the agreement(s).
Whether you are contemplating a divorce in the State of Texas or involved in a complicated family dispute, family law mediation is often the most economical, efficient, and amicable way to resolve your issues.
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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.