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Specialty tag(s): Divorce Mediation

When Is Mediation Appropriate in a Family Law Case?

October 29, 2021

What is mediation?

Mediation is the formal settlement process where two parties come together with their attorneys and then a neutral third-party mediator helps facilitate agreements. The parties are in different rooms throughout the process, but the mediator is the person that goes between each room and helps people reach compromises and agreements for their case.

Who is mediation for and what are the advantages?

Mediation is for people that want to have more control over their case. It’s for people that see the disadvantages of going to court, and they would rather be able to reach creative solutions together with their co-parent that they might not be able to get when in court.

The advantages of mediation are that you can reach agreements that you wouldn’t get in court. Mediation also is significantly more cost-effective than going to trial. So people that are concerned about minimizing litigation costs oftentimes pursue mediation. Finally, mediation is the most binding form of settlement agreement that you can reach in the state of Texas, meaning once you reach an agreement, you cannot take it back or change your mind after the fact. So, that is a great way to ensure that your case will be quickly finalized.

How do I choose a mediator?

If you’re considering mediation, you should choose a mediator that fits your case. What that means is you need somebody that matches your case in terms of personality and skill set. Be sure to select a mediator that is trained in family law and has significant experience with the judges in your county. You should also consider what outcome you would like in your family law case. Are you willing to compromise or sacrifice some in order to avoid the toxic stress that a trial can have? And really think about what you need long-term for your children and for your family to be able to thrive after your family law cases are concluded.

To better understand how and when mediation is ideal in divorce, contact Goranson Bain Ausley at 214-373-7676.

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