Monthly Archives: June 2015

When May Divorce Mediation be Scheduled in Texas?

Divorce mediation is a tool used by many Texas attorneys to facilitate settlement in their cases. Divorce mediation in Texas encourages the parties to create their own agreement to finalize their dispute. For example, the parties may decide how they wish to divide their property and how time with their children will be divided. Divorce mediation allows the parties to remain in control of the outcome of their case. The timing of divorce mediation will vary from case to case. If mediation is scheduled late in the case, the parties may be so frustrated and set in their ways that they will not consider compromising and settling their differences. In this situation, the mediator must declare an impasse, or a... Read More

Mediation and Grandparents’ Rights Cases in Houston, Texas

In Houston, Texas, mediation is used to resolve a variety of family court disputes, such as divorces, child custody contests, child support disagreements, and the like. Mediation is a type of alternative dispute resolution that provides the parties with the opportunity to draft their own settlement agreement, instead of waiting for a judge to issue an order. Mediations in Houston have also been used to resolve grandparents’ rights cases that otherwise would have spent months winding through the Texas family court system. In Texas, state law lays out the facts that must be shown for a grandparent to seek visitation or custody. As with other determinations, visitation or custody must be in the best interests of the children. If a... Read More

Comparing Collaborative Law and Divorce Mediation in Texas

Divorce mediation and collaborative law are both used to finalize cases outside of the courtroom in Texas. Although both of these methods of alternative dispute resolution allow the parties to create their own settlement agreement, there are significant differences between divorce mediation and collaborative law in Texas that may impact how a case is resolved. During Texas divorce mediation, the parties usually meet with a single mediator to discuss their case. After obtaining an understanding of the parties’ positions, the mediator will go back and forth between each party in an attempt to help them reach middle ground in their dispute. The mediator will address each issue in the case until all have been settled. In collaborative law, the parties... Read More

The Role of a Texas Divorce Mediator

Although both Texas divorce mediators and family court judges may be involved with the finalization of these difficult cases, the manner by which these individuals resolve these cases is quite different. During mediation, a Texas divorce mediator will help the parties negotiate the terms of an agreement. After a divorce trial, a family court judge will issue a final divorce order. The mediator’s role is neutral. The mediator does not make any decisions on any issue for the parties. Each party is free to accept or reject any settlement proposal suggested by the other party or by the mediator. Therefore, if the parties settle their case at mediation, they have kept the fate of the case in their control. In... Read More