Though you might expect that contentious family law disputes must go to court for a determination on key issues, the truth is that the majority of these cases can be resolved through the Texas mediation process. When you consider the advantages, it is not hard to understand why. You can greatly reduce the time and costs as compared to litigation, and the parties have more control over the proceedings to develop an agreement that suits their unique circumstances. Instead of a win-loss scenario, individuals can work together toward a common goal, and each walks away as a winner.
While mediation may be slightly less formal than litigation, retaining knowledgeable legal counsel with high-level negotiation skills is crucial. You still have rights and interests to protect, and you put them in jeopardy unless you have an attorney on your side. Our team at The Ramos Law Group, PLLC includes Mary E. Ramos, who is Board Certified in Family Law by the Texas Board of Legal Specialization and has years of experience advocating for clients in the mediation process. Please contact us to set up a consultation with a mediation lawyer in The Woodlands today.
How Family Law Mediation Works: During the process, the parties meet with a neutral, third-party mediator who is specially trained to facilitate productive conversation regarding family law disputes. The mediation professional will address each issue and encourage the parties to discuss their respective positions. Then, he or she will steer the conversation towards mutually acceptable solutions. Through communication in an amicable setting, parties are often able to find common ground and compromise on various points of disagreement, which can include child-related issues or marital property concerns.
The mediation process is effective in many family law cases because of the personal nature of these matters. The end result may not be the exact arrangement you were seeking, but it occupies the middle ground between you and the opposing party. The advantage is that you can custom-tailor an agreement that suits your family and specific situation. If you go to court, the judge’s job is to apply the relevant laws, including rigid Texas statutes. This could result in an arrangement that contradicts the wishes of both sides or does not accurately reflect the individuals’ circumstances.
Family Law Issues You Can Resolve Through Mediation: Texas laws encourage parties to work out disagreements through mediation, so you can resolve almost any family law dispute during the process. Our attorneys at The Ramos Law Group, PLLC will represent you in connection with:
- Determination of community and separate property in a divorce, as well as asset division and spousal support;
- Issues related to minor children in divorce or paternity cases, including custody and visitation;
- Guardianship over the person and estate of an incapacitated adult;
- Spousal support concerns; and,
- Many others.
Note that there are certain family law issues that are not appropriate for mediation. Domestic violence and protective orders are not suitable mediation topics for obvious reasons. When the dispute is over child support, Texas has established guidelines for determining the minimum amount. The parties cannot always rely on mediation to resolve differences when it comes to the financial needs of children. However, if one parent seeks to reduce the support obligation based upon a change in circumstances, mediation may be an option.
Potential Divorce Mediation Outcomes: The most successful mediation result would be reaching a compromise on all outstanding issues, at which point there is nothing left for a court to decide. If you do agree, all involved parties will sign what is called a Mediated Settlement Agreement. The document is legally binding and enforceable, just like any other contract. After executing the agreement, it must be entered in court as an official order in the case.
If you cannot reach an accord on all disputes, you are still able to take the remaining contested issues to the court for a trial. Your agreement will exclude these matters, and any confidential discussions you have in an attempt to resolve them during mediation cannot be admitted at the hearing. While you will still go through the trial process, the advantage is that it will be shorter because you have already resolved other disagreements.
Consult With A Board Certified Mediation Attorney In The Woodlands Today
This overview of mediation in family law matters may be helpful, but it is no substitute for retaining an experienced lawyer to represent you throughout the process. Mary E. Ramos and the rest of our team at The Ramos Law Group, PLLC have the negotiation skills and knowledge to help you obtain a favorable outcome, so please contact our office today. We can schedule a consultation to review your circumstances and explain more about how mediation works.