Houston Mediation Attorney
What is Divorce Mediation?
Aside from court litigation, mediation is an alternate way to settle various
family disputes, such as
divorce,
child custody,
child support, and
property division in an amicable manner. It is comprised of you and your lawyer, your spouse
and their lawyer, and the mediator, who may be an experienced family law
attorney, marriage counselor, social worker, or psychologist. The job
of the mediator is to assist you and your spouse come to a compromise
with both parties’ disagreements in a constructive way in order
to reach a “win-win” decision, as opposed to a “win-lose”
situation which is often the result of court litigation.
The Benefits of Mediation
There are a plethora of benefits to mediation. Since the mediator listens
to what both parties have to say, he/she can arrive at a creative and
customized solution to your case without the overwhelming stress of being
in court. However, if there is a history of abuse or domestic violence,
as well as allegations of both, then court litigation is necessary.
It is Less Expensive
One of the primary motivations for a couple to pursue mediation services
is that it is less expensive than a typical divorce. In most cases, you
and your spouse will pay one professional who will help you reach a resolution.
Following are some of the additional costs that you can avoid through
mediation:
- Paying to wait for your time at court
- Drafting of motion papers back and forth
- Cost of two attorneys
With mediation, you have a better idea of the total cost upfront, with
minimal financial surprises. Additionally, the costs for mediation are
split between both parties.
Preservation of Relationships
Mediation is a collaborative process, rather than adversarial. In a typical
divorce proceeding, attorneys come to court ready to fight. This often
results in words that are harsh and hostile. The mediation process focuses
on resolving problems and arriving at a mutual decision.
You Have Control Over the Discussion
With mediation, you are able to choose the topics that you want to have
settled, rather than allowing the court to determine the issues. During
trial, your attorney will represent your interests and you lose the opportunity
to discuss your concerns.
The Process is Often Faster
With mediation, parties often set their own timetable for resolving the
issues they need and do not have to wait months for their next court date
or for a time for the two lawyers to coordinate. In many cases, both parties
can even resolve their issues within a few sessions.
More Confidential and Personal
All communication and documents in mediation are confidential. Your meetings
are private rather than arguing your personal
family matters in a public courtroom with strangers.
Greater Post-Divorce Benefits
When all of the above factors are considered, the stability of the family
after the divorce is official will often be much greater. Since the adversarial
process of trial is taken out of the equation, all members of the family
generally feel like their voices have actually been heard. This process
also helps preserve the ability for family members to communicate.
Contact a Certified Mediation Attorney
At the
Law Office of Kathryn Marteeny, we possess an extensive knowledge of the Texas legal system and laws
in order to get the results you desire, whether we act as your lawyer
or mediator for your family law case. With
over 30 years of legal experience, our Houston divorce attorneys can help you and your former spouse come
to an agreement that works for both parties.
Related Pages
For more information about mediation,
contact our firm and schedule your
consultation.