Divorce Mediation And Collaborative Divorce In Texas

What is Divorce Mediation?

In mediation, both spouses meet with a neutral and trained third party (i.e., the mediator) to discuss and resolve divorce-related matters, from child custody and child support to alimony and property division. During the private and confidential mediation sessions, the mediator will help the couple reach an agreement on the issues both parties need to resolve in order to finalize the divorce. Rather than making decisions on behalf of the couple or providing legal advice, the mediator facilitates the discussions and helps couples determine the best possible solutions for their situation.  Once the agreement is reached, the mediator will write an agreement for review and signature.

Mediation has many advantages over an adversarial process including:

•    Less expensive
•    Faster process
•    Privacy and confidentiality
•    Customized solutions
•    Less stressful
•    No court hearings or trial

Mediation is extremely effective if you and your spouse can negotiate in good faith, AND:

•    The mediator has the appropriate education, experience, ability, and temperament to oversee your negotiations. Not all mediators are created equal, and the more issues are involved, the more important the mediator’s qualifications and ability become.

•    The mediator remains neutral and impartial. Too many mediators either misunderstand this necessary component or drift out of this responsibility as the mediation progresses, and they begin to express their opinions, take sides, or attempt to predict the outcome “if the case were to ever be presented to a judge.”

•    Each spouse can stand up and speak for themselves. Mediation is sometimes used by a spouse to keep a case out of the hands of a lawyer and out of the courts so that their position will be unchallenged. Know your spouse and yourself well. If you have doubts, then you may want to use a lawyer who can advocate on your behalf.

What Does Collaborative Divorce Mean?

Collaborative Law is a relatively new way of handling legal matters, including divorce. A collaborative divorce is a process where although both parties are represented by lawyers the lawyers for both parties agree, in writing, that they are not allowed to use the court system to resolve disputes.  Instead, they are committed to using cooperation and problem-solving strategies. Negotiations between the two parties and their attorneys are to be in good faith and once settlement is reached, the agreement will be prepared, signed and filed with the proper court.

Why Choose A Collaborative Divorce In Texas?

If, during the negotiations, an expert is needed for any issue, one can be brought in to provide education, information, instruction, and when helpful, provide an opinion to help the couple find a ‘fair’ solution.  If the couples don’t communicate well, divorce coaches can be used to help manage the emotions while dealing with the specific issues involved. Experienced financial analysts can also be used when needed, to help formulate a division of assets that will provide the best long-term outcome for both parties.

Are You in Need of an Experienced Family Law Attorney in the Dallas, Texas Area?

If you need a caring, experienced family law attorney please contact us online or call our Dallas office directly at 214-559-7202 to schedule a  consultation.