Many counties in Texas require divorcing couples to try to settle their case through mediation as part of the litigation process before they present their case to a judge. In most of these circumstances, the husband and wife each have separate lawyers. Both spouses and both lawyers, as well as the mediator, are present during the mediation. This is a different approach than the Mediation Without Separate Lawyers, where lawyers are not present.
Mediation is a useful settlement tool because it shifts everyone’s focus from who is to blame for a situation to how to solve the problem. In addition, mediation of this kind, which typically last between four and 10 hours, get everyone in the same place at the same time with the intention of reaching a settlement. Well-prepared lawyers will have gathered the information necessary for the clients to make informed decisions before a mediation starts, so everyone will be ready to settle if terms acceptable to both parties can be reached.
Negotiated Divorce has mediation services available to you and your spouse without the need for you to engage lawyers to represent you. If you have worked through the Negotiated Divorce steps to complete your divorce and discover that some issues remain unresolved, our staff is available to help.
Strengths of Lawyer Assisted Mediation
- Mediators are neutral
- Both spouses have the benefit of a lawyer to advise them
- Mediators bring a different perspective to the negotiation
- Negotiations are more efficient and effective with the assistance of a neutral third party
- The mediation process creates a positive environment for settlement
- When the parties reach a settlement through mediation, they are still in charge of the outcome of the case
Weaknesses of Lawyer Assisted Mediation
- Lawyer Assisted Mediation can be an expensive waste of time if a settlement is not reached or if both parties are not acting in good faith to try to reach a settlement
- If the clients can’t come to terms that are acceptable to them, they will still have to go to trial to conclude their divorce
- Clients can feel under pressure to settle in mediation to avoid an uncertain outcome at trial
- Reaching decisions at the end of a full day of mediation can lead spouses to make decisions they might not have made if they were rested and thinking clearly
- Attorneys’ fees and the mediator’s fees for a day of mediation can easily exceed $7,000
- Parties must take time off work to attend mediations, which are almost always scheduled during the work week.
Negotiated Divorce Mediation is limited to the issues that the two of you can’t resolve, so the time spent mediating will be as short or as long as you need it to be. If you are ready to get started with your Negotiated Divorce, get our program today.