Divorce MediationLegal Mediation Services for the Greater Austin Area
The Mediation Process
Mediation is a process whereby an experienced family attorney facilitates negotiations between divorcing or separating parties. Mediation gives the parties to a dispute the opportunity to craft their own solutions rather than have a stranger in a black robe make all the important decisions concerning their property and children for them. Most jurisdictions require parties to mediate in good faith before having a final hearing. Mediation is a highly effective dispute resolution process, even in very high conflict cases.
A mediator is an attorney who has been trained to help parties resolve their disputes. Most family law mediators are familiar with the courts and judges in the area, and use this knowledge to help the parties to anticipate the potential outcome if their case were to go to court. Texas law is very flexible in allowing parties to reach agreements that contain provisions a judge would not otherwise have the authority to order in a contested hearing. A mediator does not have the power to decide the case for the parties, but is very useful in assisting the parties to think about creative and workable solutions for their family law dispute.
Mediators generally use the “caucus” method for negotiations, meaning that the parties remain in separate rooms with their respective attorneys. The mediator goes back and forth between rooms with offers and counter-offers, and helps the parties evaluate the merits and practicality of making or accepting a proposal.