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.
Pat White provides 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.
If you are contemplating filing for divorce, or have you been served with divorce papers, mediation will probably be required at some time during the suit. Choosing an appropriate mediator, properly framing the important issues, and negotiating with the opposing party are all important skills for the family lawyer you choose to handle your case. Contact Us for skilled, experienced and knowledgeable representation. Call or submit brief information pertaining to your situation in our online contact form .
