Mediation to Settle Divorce Cases in Texas
Mediation is a form of alternative dispute resolution in which the adverse parties — in other words, the divorcing spouses — select a neutral third party with formal dispute resolution training to help them reach an agreement on contested issues. The mediator will listen to each spouse's concerns and wishes, and then recommend compromise agreements in the hope that they are acceptable and will allow the spouses to settle their divorce case without the need for a divorce trial. The spouses are not required to accept the mediator's proposal.
In some divorce cases that proceed without settlement, the divorce court judge may refer the case to mediation and strongly urge the parties to reach an agreement.
When — and When Not — to Use Mediation
Mediation may be an excellent dispute resolution method when:
-->The spouses are stuck on only one or two major issues and have resolved all other aspects of the divorce via negotiation.
-->Privacy is a major concern, such as in divorces involving high net worth individuals, because fewer details of the final divorce decree will be part of the public record.
-->The spouses cannot reach agreement themselves but wish to avoid the high cost of a full-blown divorce trial — divorce mediation is often less expensive
In some cases, mediation is not appropriate. We will conduct extensive interviews and gain a complete picture of the marriage and your goals for the divorce before we recommend or advise against mediation. Circumstances in which mediation is not appropriate include:
-->Cases involving child or spousal abuse
-->Divorces involving extremely intricate financial questions, where the spouses would do themselves a disservice by failing to negotiate settlement with the help of lawyers trained in complex property division
issues, as well as tax and financial advisors .
Collaborative law is another form of alternative dispute resolution that has gained more ground in recent years. In the collaborative divorce process, the spouses agree to share the cost of necessary experts and to hire new attorneys if negotiations fail to accomplish a divorce settlement.
The Flowers Firm is available to assist with any mediation questions. Contact us
at (713) 236-7796 to schedule an appointment with one of our skilled attorneys at our office in downtown Houston.