Mediation is an alternative dispute resolution method where a neutral third party, also known as a mediator, helps the disagreeing parties find a mutual resolution to their conflict. The parties communicate through the mediator, allowing the communication to be filtered in the interest of achieving harmony. The role of the attorney in mediation is to advise their client and to review proposed agreements. The mediator ensures that communication remains respectful and cordial. The mediator also builds momentum toward settlement by highlighting areas of mutual agreement while helping to resolve areas of disagreement.
Mediation is a popular method for resolving family law disputes in Texas. In particular, divorce mediation is for couples who seek an efficient, yet fair, divorce process. Mediation is a process that allows couples to control certain aspects of their outcome. Unlike in court proceedings, the parties in mediation have the responsibility to work together to find a resolution.
Unlike other forms of alternative dispute resolution, a court can refer a family to mediation, or a dispute may be referred to mediation based on a written agreement of both parties. The parties can participate in mediation before or after a lawsuit has been filed in a court of law. Discussions in front of a mediator are confidential. If one or both parties changes their mind during mediation and chooses to proceed with court proceedings, nothing that was discussed in mediation can be used in litigation and the mediator cannot be called as a witness for either spouse in court.
In many cases, the cost of mediation is less than other forms of alternative dispute resolution or litigating their case in court. Often mediation is also the most time efficient method, as many parties can address and resolve their conflicts in a day or less. Even a failed attempt at mediation can be cost effective. If couples abandon mediation, they will usually find that they are more prepared and have more information needed to move the case forward quickly. The attempted mediation will likely result in lower attorney’s fees for each party.
Mediation isn’t just for divorce cases. Professional mediation services may be used to resolve ongoing child custody issues, such as visitation or child support, property division, or other family law disputes. Mediation is especially encouraged for families with disputes about children, as it can help them maintain a healthy relationship and avoid the family law courts.
Lastly, mediation is generally not advised in cases where there is a history of domestic violence or other evidence of an extreme power imbalance between the parties. For mediation to be successful, both parties must feel that they can speak freely with the mediator and each other. However, if one spouse is afraid to speak freely or is afraid of repercussions after speaking freely, mediation is likely not appropriate.