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Divorce Mediation in Texas
When to Use Family Mediation
in Texas
Finding a Divorce Mediator in
Texas
Court Referred Mediation
in Texas
Divorce Mediation FAQs.
Divorce Mediation in Texas
"Family mediation" means the mediation of disputes in actions for divorce,
annulment, establishment of paternity, child custody or visitation, or child or
spousal support.
Mediation programs can be very
beneficial to people who are divorcing as well as to those who have long been
divorced but who find themselves in a dispute in their post-divorce
relationship. Not only can it save money but it promotes positive dispute
resolution rather than adversarial procedures. That being so, it is well worth
investigating by any couple facing divorce, a child custody fight, a visitation
dispute or other interpersonal conflict.
Mediation is a process that may
help you resolve your case so you can have an uncontested divorce. Mediation is
particularly useful in situations involving children, since it is in the
interests of the children that their parents "get along" even if they will no
longer live together as husband and wife. In the State of Texas, all cases
that involve contested custody or visitation matters are referred to mandatory
mediation, provided the parties are represented by an attorney and there is no
allegation of domestic abuse.
Mediation attempts to change
disputes from "win-lose" to "win-win." Mediation is a non-adversarial process of
helping people come to agreement on issues like parenting arrangements, support
of children and spouses and division of real and personal property. Mediation
occurs when a neutral third-party, who has training in dispute resolution,
assists you and your spouse and helps you resolve the issues that are causing
conflict and to make cooperative, informed decisions.
When to Use Family Mediation
in Texas
Mediation can be used to resolve the entire range of family disputes either
before a divorce takes place in order to consummate a marital settlement
agreement, as well as after the divorce to resolve continuing disputes that
might arise under a marital settlement agreement.
A history of abuse or allegations
of abuse preclude mediation and the court will not refer for mandatory mediation
of child custody or visitation any situation where abuse has been evident.
Mediation should not be used when
there has been evidence of domestic violence or abuse or there is a great
difference in power between the parties. For the mediation process to work there
must be some degree of trust between the parties.
Finding a Divorce Mediator in
Texas
There are professional mediators
who earn their living by providing divorcing couples mediation services on all
issues. These professionals can be invaluable in helping couples resolve
property and support issues but also will assist with custody and visitation
disputes. Divorce attorneys and family counselors can often refer families to
professional family law mediators. Psychologists, family counselors and social
workers may also offer such services
Court-ordered mediation begins
when a judge orders it and a mediator is appointed by the court. It is not
likely that a circuit court will mandate on-line mediation; therefore it is
anticipated that the mediations to be conducted by this service will be private
mediations.
Mediation
FAQ
What is divorce mediation?
Who are mediators?
How mediation can help
Now does mediation work?
Now much does mediation cost?
Does mediation work?
What is the difference between mediation and arbitration?
What
is divorce mediation?
Until the last 10 years or so, just about the only course for divorcing
couples was to hire lawyers to do battle for them. Often the spouses would
not even speak with each other, “communicating” only through their
attorneys. And attorneys proliferated. The addition of “no fault” to
divorce laws
has given rise to an emerging alternative
for divorcing couples: mediation. Mediation is the process
in which the divorcing couple works out its problems, disagreements,
and marital issues
with
a trained, impartial third party—the mediator. The mediator assists the
couple in resolving its differences in a constructive way to reach a
“win-win” decision rather than the adversative “winlose”
situation.
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Who
are mediators?
The mediator may be a marriage counselor, social worker, psychologist, or
lawyer trained in family and divorce mediation. At present, mediation is
still open turf for any of the above professions to claim. Maryland does not
have any licensing requirements for mediators. At any rate, the mediator
should have received formal training from a recognized program or institute,
such as the Academy of Family Mediators. They should be versed in family
budgeting, the law, tax consequences of divorce, and a variety of options
and alternatives crucial to contemplating divorce.
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How
the Mediator Can Help.
The major differences between mediators and lawyers are that the mediator
assists you and your spouse in working out your disagreements together;
emphasizes the restructuring of the family from a practical point of view,
in addition to the legal side; pays more attention to your emotional needs;
and, is impartial, representing neither you nor your spouse, but both.
Unlike the legal adversarial system, mediation is more sensitive to the
integrity of the marriage. It tries to build on the strengths of the
relationship, avoiding the “we’ll get him/her” so common with the adversarial
position.
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How
does mediation work?
As
one mediator described the process, “Mediation is neither therapy, nor the
law—it’s an educational process.” Usually, the couple attends
an orientation session in which the mediator thoroughly explains the process
of mediation such as what the couple should focus on, how they should
speak to each other (keep raised voices down), and so on. The
session may last for two hours.
After
the initial session, the couple attends three to eight one-and-a-half- to
two-hour sessions in which the mediator will guide them to make their own
decisions on how they wish to end their marriage.
They analyze their budgets and needs, divide marital property, review their
children’s needs, and reorganize their family and life-style to fit its
new structure. Mediators place special emphasis on providing an
acceptable form of
continuity where children are concerned and may even include children in
the sessions if warranted.
The
process allows the parties to analyze their situations and to understand
each other’s needs as well as those of the children. It may alleviate the
anger and bitterness that the couples initially may feel toward each other. It also makes the couple realize that
although they may not be husband and wife, they are still
parents. It encourages their cooperation with each other in determining
their relationship with their children.
Once
the couple decides on what they wish to do, the mediator draws up a
memorandum of understanding
that specifies what issues have been resolved. This statement
is then given to the couple’s
respective attorneys, who will draw up a formal separation agreement based
on the statement. Please note that many mediators
are not lawyers and, therefore, may not consider all that should be
necessary for a good separation agreement.
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How
much does Mediation cost?
The
cost of mediation varies from $100 to as much as $250 a session. (Attorneys
who are mediators usually charge more than non-attorneys). It usually
is requested that both parties contribute
to the costs, eliminating any possible feelings that the one who pays may
be getting preferred treatment. Sessions also
may be held with co-mediators, a lawyer and a social
worker, for example.
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Does
Mediation Work?
Statistics show that court-ordered child support and alimony payments tend
to lag after two years and tend to be ignored entirely after five years.
Experience so far has shown that people tend to abide by agreements reached
through mediation.
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Both mediation and arbitration
involve a neutral third party who is not a judge. In mediation, the neutral
party -- the mediator -- helps the spouses to negotiate an agreement and has
no power to make decisions. In arbitration, the neutral third party -- the
arbitrator -- listens to the facts and then decides the case.
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