Divorce Mediation In Houston, Texas in Harris County
In many Houston dissolution cases, couples may take their disputes to court seeking a resolution, each with their own attorney. As the days pass, the conflict escalates, with attorneys spending more time on the case, and the stress levels of the parties involved continuing to rise. The animosity often increases, leaving the parties with little control over their future or that of their children, ultimately placing the decision in the hands of a judge.
In many situations, there are alternative options for resolving these disputes. One option that many people choose is mediation, where the parties work together to reach an amicable settlement outside of court. While mediation can be an effective choice, it’s important to remember that it cannot force the parties to settle if they are unwilling to do so.
What Is Divorce and Family Law Mediation?
In mediation, the divorcing parties meet with a neutral mediator to aid discussions and work toward a resolution. Unlike in collaborative divorce cases, there is typically no lawyer present during the mediation sessions. The mediator’s role is to guide the conversation and help the parties reach an agreement. Often, multiple sessions are needed as part of a thorough process for the parties to come to a private agreement outside of court.
If parties are able to reach an agreement, the mediator usually puts this agreement in writing. The parties then hire separate legal representation to file the settlement paperwork in court and obtain a judge’s approval. The reality is that mediators cannot finalize the divorce or present the settlement paperwork in court for judicial approval. Additionally, while a settlement may be reached in mediation, a judge has the discretion to accept or reject the agreement if they find it unconscionable.
There are two types of mediation: voluntary and court-ordered. In voluntary mediation, the parties choose mediation on their own accord and agree on the mediator. In court-ordered mediation, the court mandates mediation and selects the mediator for the parties involved. It’s important for parties to understand the difference between these two types of mediation.
The outcomes of both approaches can vary, but voluntary mediation, where both parties are willing to work together, often can lead to more favorable outcomes. Mediation before litigation can also help to reduce tensions and foster a more cooperative atmosphere for settlement.
Here is a list of issues that can often be addressed during mediation:
- Marital property and debt division;
- Parenting time, visitation, and allocation of parental responsibilities;
- Financial assistance and other expenses for the children;
- Financial support for spouses (a/k/a maintenance or alimony);
- Tax-related issues; and
- Payment of attorneys’ fees.
In some situations, the parties may reach an agreement on the issues being disputed during mediation. However, in other situations, the parties may be unable to come to an agreement. There are also circumstances where some issues are resolved in mediation, but other issues remain unresolved. In such scenarios, the court will still need to make a decision on the unresolved matters.
What Does Divorce Mediation Cost in Houston, Texas in Harris County?
Mediation can be a more cost-effective option than traditional divorce proceedings, but this depends on how many sessions are needed to reach an agreement. Some cases can settle quickly, while others may require multiple sessions, or even fail to reach a resolution altogether. Since any agreement approved by the court is legally binding, it’s important to have legal representation on your side to protect your interests.
While mediators are present during sessions and help facilitate discussions and work toward an agreement, they do not represent either party, offer legal advice, or present the agreements in court.
Schedule An Initial Consultation to Learn More About Alternatives to Traditional Divorce in Houston, Texas in Harris County and Nearby
If you’re seeking a compassionate and caring domestic relations lawyer in Houston to help with your divorce mediation, schedule a confidential consultation with one of our attorneys by contacting us online.
Harris County (Houston), Texas Office (346-466-4901) | 12 Greenway Plaza, Suite 1147, Houston, Texas 77046
