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Is Mediation Right for My Family Law Case?

Do all divorces go to trial?

Not all divorce cases go to trial.  In fact, most divorces in Texas eventually settle by agreement of the parties, often with the help of a process called mediation.  Mediation is the process in which a neutral third party tries to help you and your spouse reach a voluntary, mutually agreeable settlement.  After some work has been done to insure both parties understand what assets and debts exist, the situation with any children, as well as what the objectives of both spouses are in the divorce, mediation is often an excellent means of resolving the case without the necessity of having a trial.  And some counties (like Travis County) require you to attend mediation before you have a trial that will last more than half a day, which includes most divorce trials.

Divorces are expensive, right?

While divorce can be expensive, it does not have to bankrupt you and your spouse.  How much a divorce costs depends on the attitude and objectives of both parties.  The more you and your spouse can readily agree to reasonable terms for settlement, the more time you will save and legal expense you will avoid.  Some cases are worth spending substantial legal fees to fight because there are substantial assets involved.  When a couple owns a lot of property, a slight difference in how the property is divided can make a very large difference in how much money you receive.  And, in cases where there is a disagreement regarding child custody, it may be worth spending money to fight for the arrangement that you think is best for the children.

What exactly is Mediation?

As mentioned previously, most divorce cases in Texas are resolved prior to trial, usually with the help of a process called mediation.  Mediation involves using a neutral third party (the mediator) who tries to help the parties achieve an agreement that is acceptable to both sides in order to resolve the case.  Often the mediator is a family law attorney who understands the risks and costs of trial, and who can assess the likely outcome of a trial in any given case.  Therefore, the mediator can give you an objective, unbiased view of your case and help you reach a reasonable settlement with the other side. 

Is Mediation right for me?

Settling a case by agreement also lays the groundwork for an amicable post-divorce relationship between the parties.  If a married couple has no children, and is simply dividing assets, they may choose never to deal with each other again after the divorce.  However, if the couple has children, the parties are generally going to have to continue to deal with each other on issues related to child support, visitation, health, education, etc., until all the children have reached the age of 18 years.  Therefore, to the extent the parties can reach a reasonable agreement and avoid an expensive and stressful court battle, they will generally have better feelings towards each other and have an easier time working together and communicating regarding child issues after the divorce.

What are my rights in divorce/family court? Before you call a lawyer, download our free 'Texas Divorce & Family Law Guide' from Austin Divorce Lawyer and Texas Family Law Attorney David Todd. Learn how to avoid common mistakes and protect your rights.  Download your free copy now and contact us to arrange a consultation about your case.

Visit our website's homepage at www.davidtoddlaw.com.

David Todd
Attorney at Law
The Todd Law Firm, PLLC
812 San Antonio Street, Suite 401
Austin, Texas 78701  

Videos about Mediation:

• Mediation Lawyer Austin, Texas Alternative Dispute Resolution Attorney David Todd Free Guide How to Resolve Your Case and Save Time and Money

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