During a divorce or other Texas family law matter, many people in the greater Houston area may hear about mediation.
Family law mediation is a process couples may use to resolve issues about property division, financial support and their children before going into a contested family law proceeding.
Couples can use mediation early-on in the process or as late as a few weeks before their case goes in front of a judge.
In a mediation, a neutral third party called a mediator will assist the couple with resolving their issues. A mediator is usually a family law attorney or other trained professional who has taken classes specifically on the mediation process.
Mediators do not make decisions about a case as a judge would. They will speak to both couples, who usually will have their own attorneys present, and talk about out each side’s strengths and weaknesses. The mediator may make an educated guess about how a judge would decide an issue.
Practically, while sometimes the couple will meet with the mediator in the same room, that does not have to be the case. Mediation can take place with each spouse remaining in a separate space.
Mediation is both voluntary and confidential. For example, one spouse cannot use what another spouse said during the mediation in court later. Confidentiality allows the spouses to talk about their cases candidly.
While spouses may be expected to give a good faith effort to the process, no one must enter an agreement. Either spouse may terminate the mediation, in which cases the issue continues toward a hearing in front of a judge.
How do I know if mediation is a good option for me?
There are several advantages to using mediation to resolve a family law issue:
- It can save a lot of time, expense and other resources if it prevents a court hearing.
- Likewise, a mediated agreement gives both spouses some control over the result of their case and cuts out the risk that a judge will issue an order highly unfavorable to one of the spouses.
- It can set a tone of cooperation so that, going forward, spouses are able to work out issues about their children and other issues without a lot of conflict.
However, mediation is not for everyone. For example, it might be apparent that the two spouses would never be able to reach an agreement, in which case mediation is a waste of time and money.
Also, when domestic violence, addiction or other such behaviors are in play, mediation may not be appropriate.
A person in the greater Houston area who is interested in mediation should make sure they understand this legal option and compare it to alternatives.