Texas Courts Can (and Often Will) Order Mediation for a Divorce

In Texas, family law courts strongly encourage divorcing couples to resolve disputes outside the courtroom. As explained clearly by the Texas Legal Services Center, a court has the authority to require parties to attempt a round of mediation in a divorce case. Indeed, courts will often make spouses at least try mediation before any trial proceeds. It is a good thing in many cases. Mediation allows each spouse to work with a neutral third party to find common ground on issues like property division, custody, and visitation. The process is less adversarial, more cost-effective, and focused on cooperation

Note: Mediation will not be required for every divorce in Texas. Judges have discretion, and in cases involving domestic violence or serious safety concerns, mediation may not be appropriate. Still, when it is ordered, courts expect both spouses to participate in good faith.

Divorce Mediation is Non-Adversarial and Non-Binding

Mediation in Texas divorce cases is designed to reduce conflict rather than escalate it. Unlike a trial, mediation is non-adversarial. Both spouses work with a neutral mediator who guides discussions but who does not actually have the power to decide any outcomes. The process is confidential and encourages cooperation. Mediation is also non-binding. Even when mediation is ordered for a divorce in Texas, you will not be required to reach a settlement.

Know the Next Steps Once Mediation has Been Ordered By the Court

If a Texas family court orders you and your spouse to attend mediation, it is important to know what comes next. Mediation is intended to move your divorce toward settlement, but proper preparation is an absolute must. Here are some key things that you can expect going forward:

• A Review of the Court’s Order: You should understand the deadlines, requirements, and any specific instructions the judge included about the mediation process.
• The Selection of a Qualified Mediator: Courts may provide a list, or your attorney can recommend an experienced mediator familiar with Texas divorce law.
• Time to Prepare Your Financial and Custody Information: Bring updated documentation of assets, debts, income, and any custody or visitation proposals.
• Attend the Mediation Session: Both spouses must participate in good faith, guided by the neutral mediator. You can and should bring your Houston divorce lawyer to mediation. 

Contact Our Houston, TX Divorce Mediation Lawyer Today

At Lindamood & Robinson, P.C., our Houston divorce mediation attorney provides solutions-focused advocacy.  If you have any questions about family mediation, we are here to help. Contact us right away for your completely confidential, no obligation initial consultation. From our Houston office, we provide family and divorce representation all across Southeast Texas.

Save Time 

A divorce can take a lot of time. According to data cited by Forbes Magazine, it takes an average of nearly 18 months to complete a divorce trial. In contrast, with mediation, a divorce is generally finalized far more quickly. Indeed, divorcing couples in Texas can often save time by opting for mediation instead of traditional litigation.

 Save Money 

Not only does divorce mediation typically save time, it also typically saves money. Indeed, mediation reduces the need for extensive legal representation and eliminates many court fees that inevitably come with litigation. Mediation sessions are structured to achieve resolution in fewer meetings. In Texas, the cost savings are substantial. Avoiding a trial means that a divorcing couple will have more money (as a collective) to divide and set themselves up for the future.

Reduce Conflict 

Even if you and your spouse simply cannot get along anymore, you probably do not want to end up locked in a long, protracted fight. Mediation can help to limit conflict. In Texas, the mediation process is fundamentally focused on fostering a cooperative environment. Divorcing couples are encouraged to work together to resolve their family law issues in the most amicable possible manner. On the other hand, litigation can often lead to heightened tensions.

Preserve Relationships 

Even if you are preparing for a divorce, it is possible that your (soon to be ex) spouse wants to keep a reasonably positive relationship going forward. It is especially important if you are parents. Mediation places a high priority on respect and fairness. It can help preserve personal and familial relationships post-divorce. The process encourages open communication and mutual decision-making. By avoiding the difficulty of a court battle, mediation can keep things cordial.

 Keep Confidentiality

 Your divorce will become part of the public record in Texas. However, with mediation, none of the specific details—including the actual terms of your divorce settlement—will become public information. Whereas litigation can be public, mediation can be kept fully confidential. Mediation allows couples to discuss sensitive issues without fear of public exposure. That feature not only protects your privacy, it makes it easier for you and your spouse to speak openly and work towards a divorce settlement that actually works well for your specific situation.

Contact Our Houston Family Mediation Lawyer Today

At Lindamood & Robinson, P.C., our Houston family mediation attorneys are solutions-focused advocates for clients. Have questions about family mediation? We are here to help. Call us now or connect with us online to arrange a fully private, no strings attached case review. With a law office in Houston, we provide family mediation services in Harris County and throughout Southeast Texas.

Source:

forbes.com/advisor/legal/divorce/how-long-does-divorce-take/

How do we find a mediator for our divorce in Texas?

Typically, the attorneys in the case will agree on the mediator, the location of the mediation, and the time for the mediation. If an agreement cannot be reached, the Court will appoint a mediator.

Nearly all cases filed, whether they are family, personal injury or commercial cases, are required to undergo mediation before trial.  This is because mediation has proven to be a successful method of alternative dispute resolution.  The information below is designed to acquaint you with the process and give you some tips in making the most of your mediation opportunity.

What is Mediation?

Mediation is a form of settlement negotiation conducted and assisted by an impartial attorney trained in the art of settling lawsuits.  Unlike arbitration and other kinds of alternative dispute resolution, mediation is non-adjudicatory.  The mediator will make no findings of fact or conclusions of law as it may apply to your case.  The mediator will make no decision that is binding on you.

How does the process work?

The mediation process, a private meeting, comprises of several stages. First, the attorney and the client meet the mediator in a general session/break out room.  During this initial session, the mediator explains the process, sets the ground rules and gains an understanding of the client’s theory of the case and the client’s position.  The clients are encouraged to speak openly with the mediator.  The mediator will often ask clarifying questions to determine if there are any areas of agreement. Generally, the parties will not be in the same room at the same time.

The sessions, called caucuses, will occur in separate conference/waiting rooms. These caucuses are confidential.  Anything said to a mediator during a caucus cannot be repeated outside the caucus except by express permission of the party.  This confidential meeting allows

counsel to express matters that he or she would be unwilling to state in the presence of opposing counsel.  Here, the mediator, the party, and counsel undertake a candid discussion of risks, the parties’ interests sought to be protected, settlement flexibility, and strengths and weaknesses of the case.  At some point during the caucus stage, the mediator’s goal is to begin serving as a shuttle diplomat between the parties, conveying offers back and forth.

Finally, if the mediator can get the parties to reach a consensus on their disputed issues, a written document will be prepared memorializing the essential terms of the agreement.  While no one can impose an agreement on you, recent law in Texas requires that once you have reached an agreement and placed it in writing, it is irrevocable.  It is also usually necessary after the mediation is over that one or more of the attorneys prepare a final settlement agreement and appropriate court orders to fulfill the agreement reached at mediation.

The mediator is prohibited from disclosing anything that occurs at mediation and may not be subpoenaed to testify in your case.  The mediator will only report to the court that the case did or did not settle.

Is Mediation better than Trial?

            Mediation offers a litigant many advantages.  The parties maintain control in mediation because no outcome is imposed.  The parties themselves must consensually agree to any result.  Rarely will a settlement of any kind be reached unless all parties make concessions and compromises.  The primary advantage over trial is that your result will be crafted by you and your adversary who knows more about the dispute than a judge can ever learn during a trial.  Although we remain very confident about the facts of your case, judges and juries often have very unpredictable results.  Mediation is a way to have certainty to your situation.

Mediation has proven to be more cost effective than trial.  Attorneys’ fees can be saved by all parties making it more advantageous to settle and trial expenses that may have to be deducted from a settlement can be avoided.  In addition to the monetary savings, a significant amount of time will be saved.  Mediation usually lasts one day and a trial could last from two days to two weeks.  And finally, allegations made in court will remain a part of the public record.  Mediation offers parties an opportunity to resolve their matters in a confidential setting.

What if I do not settle?

We will either reschedule the hearing or your case will continue on its pretrial schedule and go to trial.  All of the remaining preparation will have to be done and the case will be tried before a judge or jury.

What should I do to be prepared?

            You should keep an open mind, be willing to listen and learn, and consider all of your options.  The mediation will frequently educate a party on the other side’s position and beliefs when they had not otherwise been apparent or known.  The more all parties know about the conflict, the more likely a solution can be reached.

At Lindamood & Robinson, P.C., we have mediated more than 750 family law cases in Southeast Texas.

In Texas, mediation is non-binding. If it does not work, you can withdraw from the process. This raises an important question: What happens next? Here,, our Houston family mediation attorney provides an overview of your options if the mediation process did not work in your case in Texas.

Option #1: Take a Breath and Try Mediation Again 

Mediation can break down for a wide range of different reasons in a family law case. That a mediation session was not successful does not mean that the process can never work for you. In fact, mediation may still be a viable option even if your initial family mediation was largely unproductive. Emotions run high during the first mediation attempt. It is not uncommon for people to get bogged down on the side and for productive dialogue to be hindered. A break allows both parties to reflect, gather additional information, and consult with advisors or therapists. An attempt at returning to mediation can often be beneficial as it keeps the dispute resolution process within your control. A Houston family mediation lawyer can help you assess your options.

 Option #2: Enter the Collaborative Law Process

 Other non-adversarial options may work for your family law case even if the mediation process did not work. If mediation has been unsuccessful, the collaborative law process presents an alternative that still avoids the courtroom. Collaborative law in Texas is a legal process that enables couples to work out their disputes amicably without going to court. It involves each party working with their own trained collaborative attorney in a confidential setting. If you have any questions about the process, a Houston collaborative family attorney can help.

Option #3: Prepare to Litigate Your Family Law Case 

When other forms of dispute resolution have failed, litigation may become necessary. Preparing to litigate involves gathering all relevant documents, understanding the legal grounds of your case, and securing skilled legal representation. It is important to emphasize that family litigation can be lengthy, confrontational, and potentially expensive. Although litigation is absolutely necessary in some family law cases, it is always best to consider all other available options. Indeed, litigation—whether in a divorce, custody case, or any other family law dispute— should be considered when other avenues are exhausted.

Speak to a Family Mediation Lawyer in Houston for Immediate Help With Your Case

At Lindamood & Robinson, P.C., our Houston family mediation attorney is skilled, experienced, and compassionate. We have extensive experience helping clients with amicable solutions. Have specific questions about mediation? Contact us now for a strictly confidential initial appointment. With an office in Houston, we offer family mediation services in Harris County, Fort Bend County, Montgomery County, Brazoria County, Galveston County, and communities beyond.

Source:

texaslawhelp.org/article/mediation

1. You Want to Save Time 

Litigation can be a long process. In contrast, mediation can move things along far more quickly. If you are looking to resolve your family law case in a more time-efficient manner, mediation may be the right option for you. Mediation typically takes less time than litigation, as you can schedule sessions at your convenience and avoid court schedules. 

2. You Want to Save Money 

Mediation also offers the potential of significant financial savings. As a general rule, mediation is a lot cheaper than litigation. If you can resolve a divorce, custody dispute, or other family law case through mediation, it opens up the potential for cost savings for all parties involved. 

3. Preserving Relationships is Important 

If preserving relationships is important to you, mediation is a good option. The mediation process is great for parents of young children. As meditation helps you and your co-parent or spouse communicate more effectively, leading to a resolution that both parties can agree on. 

4. There are Complex Issues that Must Be Resolved 

If your family law case involves complex legal and financial issues, mediation may be a good option. A mediator can help navigate these complexities and ensure that everyone’s concerns are addressed. Do not assume that you will not be able to resolve a complex dispute with the help of family law mediation.

5. You and Your Spouse/Co-Parent Work Better With Structure 

Although it is far more flexible than litigation, mediation is still a stored process. If you and your spouse or co-parent work better with structure, mediation may be a good option. Among other things, the family law mediator will set a clear agenda and create a framework for discussion, which can help keep the conversation focused and productive. 

6. There is a Potential Path to a Settlement

Finally, mediation is often a good choice for cases in which the parties see a potential path towards a settlement. If you think that there is a realistic chance for common grounds and a mutually agreeable settlement in your family law case, you should strongly consider mediation.

Get Help From Our Houston, TX Family Mediation Attorneys Today

At Lindamood & Robinson, P.C., we have mediated more than 750 family law cases in Southeast Texas. It is our mission to provide reliable, solutions-driven services to clients. If you have questions about family mediation, please contact us to arrange a fully confidential case review. From our offices in Houston and Galveston County, we provide mediation services throughout the area.

Source:

statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm

Mediation is a non-adversarial process focused on helping divorcing couples work toward a settlement. It can still be an option even in high-conflict cases. Here, our Galveston County divorce mediation lawyer offers some guidance for mediating a high-conflict divorce case in Texas.

The Goal of Divorce Mediation is to Reduce Conflict

In Texas, mediation is a non-adversarial process through which a neutral third party works to help parties reach understanding and resolution (Civil Practice and Remedies Code Sec. 154.001). Unlike litigation, the goal of mediation is not to determine a “winner.” It is a collaborative process that is structured to help parties come to a solution that works for their specific situation.

Mediation Can Save Time and Money and Preserve Relationships 

A divorce can be time-consuming and  expensive, and it can cause damage to personal relationships. The risks are especially high in more difficult divorce cases—where there is a chance that this could become nasty. Mediation offers significant advantages. Compared to divorce litigation, mediation is:

• Faster;
• Less expensive; and
• Well-suited to limit personal conflict 

A High-Conflict Divorce in Texas May Still Be Suitable for Mediation 

For a divorce mediation to be successful, the parties have to be willing to make a good faith effort to try to work together. You may be wondering if high-conflict divorces can be mediated. The answer is a clear “yes.” While not every case is suitable for mediation, the structure offered by the mediation process does give a divorcing couple who has serious conflict an opportunity to focus on the future and try to work out their issues in a manner that allows everyone to move forward with their life.

 You Can Always Withdraw from the Divorce Mediation Process in Texas 

The mediator does not have the power to render a final decision. Instead, the mediator is there to help a divorcing couple find a mutually agreeable resolution. A key advantage of trying to mediate a high-conflict divorce case is that it does not foreclose any other options. Ideally, you and your spouse will be able to reach a settlement through mediation. However, if mediation does not work for your divorce, you can always withdraw from the process. You retain your other legal options.

 Get Help From a Family Divorce Attorney in Galveston County

At Lindamood & Robinson, P.C., our Texas divorce mediation lawyers are devoted to helping our clients solve problems. If you are trying to navigate a high-conflict divorce, we can help. Contact our family law team now for a confidential initial legal consultation. We provide family & divorce mediation services in Galveston County, including in Texas City, Galveston, Dickinson, La Marque, Santa Fe, Bacliff, San Leon, Hitchcock, and Clear Shore Lakes.

Source:

statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm

What is Mediation?

Mediation is a form of settlement negotiation conducted and assisted by an impartial attorney trained in the art of settling lawsuits.  Unlike arbitration and other kinds of alternative dispute resolution, mediation is non-adjudicatory.  The mediator will make no findings of fact or conclusions of law as it may apply to your case.  The mediator will make no decision that is binding on you.

How does the process work?

The mediation process, a private meeting, comprises of several stages. First, the attorney and the client meet the mediator in a general session.  During this initial session, the mediator explains the process, sets the ground rules, and gains an understanding of the client’s theory of the case and the client’s position.  The clients are encouraged to speak openly with the mediator.  The mediator will often ask clarifying questions to determine if there are any areas of agreement. Generally, the parties will not be in the same room at the same time.

The sessions, called caucuses, will occur in separate conference rooms. These caucuses are confidential.  Anything said to a mediator during a caucus cannot be repeated outside the caucus except by express permission of the party.  This confidential meeting allows counsel to express matters that he or she would be unwilling to state in the presence of opposing counsel.  Here, the mediator, the party, and counsel undertake a candid discussion of risks, the parties’ interests sought to be protected, settlement flexibility, and strengths and weaknesses of the case.  At some point during the caucus stage, the mediator’s goal is to begin serving as a shuttle diplomat between the parties, conveying offers back and forth.

Finally, if the mediator can get the parties to reach a consensus on their disputed issues, a written document will be prepared memorializing the essential terms of the agreement.  While no one can impose an agreement on you, recent law in Texas requires that once you have reached an agreement and placed it in writing, it is irrevocable.  It is also usually necessary after the mediation is over that one or more of the attorneys prepare a final settlement agreement and appropriate court orders to fulfill the agreement reached at mediation.

The mediator is prohibited from disclosing anything that occurs at mediation and may not be subpoenaed to testify in your case.  The mediator will only report to the court that the case did or did not settle.

Is a Mediation better than Trial?

Mediation offers a litigant many advantages.  The parties maintain control in mediation because no outcome is imposed.  The parties themselves must consensually agree to any result.  Rarely will a settlement of any kind be reached unless all parties make concessions and compromises.  The primary advantage over trial is that your result will be crafted by you and your adversary who know more about the dispute than a judge can ever learn during a trial.  Although we remain very confident about the facts of your case, judges and juries often have very unpredictable results.  Mediation is a way to have certainty to your situation.

Mediation has proven to be more cost effective than trial.  Attorneys’ fees can be saved by all parties making it more advantageous to settle and trial expenses that may have to be deducted from a settlement can be avoided.  In addition to the monetary savings, a significant amount of time will be saved.  A mediation usually lasts one day, and a trial could last from two days to two weeks.  And finally, allegations made in court will remain a part of the public record.  Mediation offers parties an opportunity to resolve their matters in a confidential setting.

What else should I know?

There will be many periods during the day that will seem to be a waste of time.  However, the mediator may be counseling with the other side on potential solutions to the problem which could be beneficial to you.  You may also experience frustration with the other party’s unwillingness to be reasonable.  You should remain patient and keep a good attitude.  Often the mediator can persuade a party to continue negotiating.

What if I do not settle?

Your case will continue its pretrial schedule and go to trial.  All the remaining preparation will have to be done and the case tried before a judge or jury.

What should I do to be prepared?

You should keep an open mind, be willing to listen and learn, and consider all your options.  The mediation will frequently educate a party on the other side’s position and beliefs when they had not otherwise been apparent or known.  The more all parties know about the conflict, the more likely a solution can be reached.

What Is Mediation?

Mediation involves the two parties working together with the assistance of an impartial third party, or mediator, to come up with solutions to the issues at hand. The mediator acts as a referee of sorts during the proceedings. The mediator doesn’t actually make any decision on behalf of the couple and cannot make either party accept a settlement of any kind.

Rather than making decisions for the couple like a judge would, the mediator works with the couple to create a settlement that will work with both of their lifestyles and meet their needs. Each party is able to make suggestions and the mediator helps them find common ground.

How Mediation Helps with Divorce

The state of Texas, in most divorce cases, will encourage divorcing couples to make an attempt at mediation to settle visitation and child custody disputes before taking the case to the courts for a judge to decide. This doesn’t mean that the couple is required to settle during mediation proceedings.

Mediation can also be helpful even if children aren’t involved. It can help a couple settle their financial matters privately and reach a settlement for property division. This can help them ensure that property is divided equally and will work for the two well into the future. For example, if one party wants to keep the marital home, the other may be willing to give up part of their spouse’s income to keep the home. Mediation often allows options that might be considered more unorthodox than traditional property division.

Mediation During Visitation and Child Custody Disputes

Mediators can be extremely helpful when divorcing parents are attempting to settle custody disputes involving their children. The mediator will remain impartial and listen to the arguments from both sides, then help the parties find a solution that will be the best outcome for both parties as well as the children involved.

The mediator will also help remind the parties that their children should be the priority when making a decision. They will help the couple understand how various parent plans and custody options will impact the children and guide the parents to a decision that will fare well for the future of the children. The mediator will always make sure that the child’s best interests are met.

Contact a Mediation Attorney Today

If you are facing disputes in your divorce and prefer to keep matters private and out of the public eye, mediation is a great option. The mediation process can help parents get their co-parenting relationship off to a great start, and can help couples without children resolve their issues in privacy. The Houston attorneys at Lindamood & Robinson, P.C. have years of experience helping their clients through divorce, parenting issues, and mediation. Contact us today to schedule a consultation.

Resources:

xcourts.gov/1stcoa/practice-before-the-court/mediation-adr/

statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm

Here are some important facts you need to know about the mediation process in Houston. 

The Role of the Mediator

A mediator is neutral, meaning they do not take sides. They do not represent you or your spouse. Instead, they focus on helping you reach a fair agreement to get your divorce disputes settled.

The people that serve as mediators are typically former judges or experienced lawyers. In order to be a mediator, substantial training and certification are required. 

Potential Benefits of Mediation

Mediation can be beneficial for many people by:

• Encouraging cooperation and a productive dialogue between you and your spouse;
• Addressing parenting and financial issues in an atmosphere of cooperation; and
• Reducing the cost and delays involved in having a court decide the outcome of your divorce.
  

Mediation is Voluntary

Mediation can only work, and is only advisable, if both you and your spouse agree to participate. Keep in mind, you can can terminate at any time, as can the mediator. 

The Mediation is Confidential

The content and process of a mediation is completely confidential. The mediator is prohibited from disclosing information revealed during the mediation. The only exception to this prohibition is if a child’s safety is at risk. The mediator cannot testify in court nor reveal documents used in the course of the mediation. The confidentiality of mediations is sacrosanct and intended to ensure you can speak candidly during the mediation proceedings. 

Time Needed for Mediation

In many cases, a mediation is an all-day event, and there are even some cases requiring a multi-day mediation to resolve all outstanding issues. This is why you should come to the mediation dressed comfortably and be prepared for a full-day of negotiations. 

If Agreement is Reached

If your divorce case settles at mediation, the mediator will record the decisions you and your spouse made in a written agreement. This agreement is a contract between you and your spouse meaning a breach of the agreement carries legal ramifications. Your Houston divorce lawyer will then prepare a Final Decree of Divorce and submit that decree to the court for entry and filing. Once the decree is entered, you are legally divorced. 

If Agreement is Not Reached

In some cases, the parties simply cannot reach an agreement. If this happens, it means your divorce case proceeds to court to be heard by a judge. In other cases, you may reach agreement on some issues, but leave some issues unsettled to be decided by the court. In either case, after participating in a mediation, you will probably have a clearer idea of what the issues are going forward. 

Houston Divorce Lawyers Ready to Help

The experienced Houston divorce and family law lawyers at Lindamood & Robinson, P.C. are ready to help you through this tough time. If your spouse, or their lawyer, proposes mediation, we can advise you whether it makes sense to go forward and we will be there, by your side, every step of the way. Contact our office today.

Resource:

txmca.org/ethics.htm

In mediation, a neutral third party is employed to hear both spouses’ sides of the story, what issues are resolved and which still need to be worked on, as well as how they may settle the matter. Unlike arbitration where a final, legally binding decision is made at the end, a mediator will hear both parties and then make final suggestions to the spouses lawyers, who then will come up with a settlement agreement. Many people seek this type of dispute resolution as an alternative to litigation not only because it is more timely, but it is also much less expensive than traditional legal proceedings.

Starting July 1, 2017, family law mediators in Wisconsin will now be able to draft settlement agreements after hearing the case. The Director of State Courts filed the petition on the recommendation of the Wisconsin Supreme Court’s Planning and Policy Advisory Committee, which was nearly unanimously supported. The support for this alternative dispute resolution tactic was in response to nearly 70% of divorce proceedings being self represented, due to the high cost of hiring a family law lawyer. Of those cases that have unrepresented parties, 95% of those settle outside of court. While settling outside of court is beneficial, many self represented parties do not understand the process of submitting proper documentation and as well as some of the formalities of finalizing a divorce. Having a mediator draft a settlement agreement now allows parties to have that informal process with a legal professional, at a much lower cost.

Contact the experienced Texas lawyers at Lindamood & Robinson, P.C. today so we can begin working on your case.