What Can You Expect in a Texas Divorce Mediation?
Your marriage has ended and, more than anything, you just want to put the past behind you and move forward. You couldn’t find a way to live together, but you believe that you can work cooperatively to find solutions to custody, visitation, support and property issues. Mediation may be the answer.
What Is Divorce Mediation?
Mediation is a process designed to facilitate communication between parties to a dispute. The mediation process is conducted by a third-party neutral (the mediator). As a neutral party, the mediator may not advocate for one party or the other. Instead, the mediator’s role and objective is to help the parties identify and implement solutions that are mutually beneficial. It’s important to understand that:
- The mediator will not take testimony from witnesses
- The mediator will not consider the admissibility of evidence
- The mediator will not make any decisions or rulings—any resolution must be by agreement of the parties
What Does the Mediation Process Look Like?
In Texas, it’s common (but not mandatory) for the parties to meet with the mediator before the formal mediation proceeding. This allows the mediator to explain the process, set ground rules and answer any potential questions. The parties may also provide the mediator with a broad overview of the issues that need to be resolved.
The mediation sessions are typically held at a neutral location…it may be at the offices of the mediator, provided the mediator is not associated with counsel for either party. As a general rule, the mediation starts with each party presenting his or her version of the facts, as well as the desired outcome. The mediator may take the opportunity to ask questions of either party in an attempt clarify issues. The mediator may also attempt to find common ground and resolve issues immediately.
If the parties cannot come to a resolution, the mediator will then typically meet with the parties individually, seeking to identify what issues are “non-negotiable” and what potential concessions a party may be willing to make. This may involve a number of “back and forth” exchanges.
Once the mediator believes that all issues have been resolved, the mediator will bring both parties back together and restate the terms of the agreement. If the parties concur, one party will agree to draft a settlement agreement. Once that agreement is approved by both parties, it must be submitted to the court for approval. If the court approves, it will become part of the final divorce order.
What Are the Potential Benefits of a Mediated Divorce Settlement in Dallas?
Divorce mediation offers a number of potential advantages over the traditional divorce process:
- There’s typically less time spent in “discovery,” where attorneys are gathering evidence, so the costs are generally less
- With mediation, you can often resolve your differences in a matter of a few months
- You’ll get to actively participate in making the decisions about custody, visitation, support and the division of marital property—you won’t have to rely the rulings of the court
Contact the Knowledgeable and Effective Divorce Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we bring more than four decades of experience to men and women across Texas who are involved in divorce proceedings. We have a thorough understanding of mediation, and can help you work with your spouse to find ways to resolve your differences with less acrimony and expense. To learn how we can help you in a Dallas divorce mediation, Contact us by e-mail or 844-402-2992 or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
