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The Benefits of Mediation in Family Law Cases

In the context of a family law case, mediation offers a range of benefits. Those benefits and how to prepare to achieve them are the topic of today’s blog post from the Law Office of Bryan Fagan. Our experienced family law attorneys understand how difficult a child custody or divorce case can be. We take seriously the opportunity to serve families like yours in these cases. When a client begins a case with our office, we work to build a level of trust and understanding with him or her. 

That level of trust and understanding helps us counsel our clients through circumstances that can be both favorable and unfavorable. Indeed, family law cases touch on so many areas of a person’s life that we tend to see people at their best and worst. No matter what your state of mind is or how troubling your circumstances are, the Law Office of Bryan Fagan is here for you. We do our best work on behalf of clients who need us the most. 

Interested in learning more about the Law Office of Bryan Fagan? Please reach out to us today. We offer free of charge consultations six days a week in person, over the phone and via video. To learn more about your case and to receive personalized feedback from an attorney please contact us today.

What are the different types of family law cases?

Let’s define what a family law case is before going any further. Family law cases are domestic, family related matters. These cases relate to inter and intrafamily issues under the Texas Family Code. The most common types of family law cases are child custody and divorce matters. These are also the cases clients most frequently hire the Law Office of Bryan Fagan to represent them in. 

Family law cases are unique. I cannot think of any other type of legal matter which brings together all areas of a person’s life. A business dispute relates to financial matters but rarely has anything to do with family. Even a personal injury case only tangentially relates to your family. However, a family law case such as a divorce touches on your finances and family to a great extent. A child custody case does not explicitly involve your finances. However, in a child custody case subjects like child support certainly impact your financial life. 

A consequence of a family law case involving so many different areas of your life is that this type of case requires a great deal of preparation. You cannot go into a family law case unprepared and expect to accomplish anything positive. As our attorneys observe to clients all the time: you can wander into a family law case, but you cannot wander out of one. Therefore, preparation and goal setting are critical during a family law case. 

Hiring an attorney for family law representation

The decision to hire an attorney for your family law matter is an important one. No matter which direction you end up deciding, whether or not you hire an attorney will impact your case. It is not required for you to have an attorney represent you during youro case. There is nothing in the Texas Family Code which requires that you have representation. With that said, it certainly works out to your advantage to have an attorney by your side. In cases like a parental rights termination matter a court provides you with counsel if you cannot afford to hire your own. 

There are a couple of different misconceptions about attorneys I would like to dispel at this point. For one, an attorney does not make decisions for you in your family law case. When you hire an attorney with the Law Office of Bryan Fagan to represent you in your divorce you are not signing away your decision-making authority. Rather, you are signing up to have an experienced person walk alongside you during the case. This allows you to make better decisions for yourself and your family.

A second misconception is that family law attorneys cost too much money. As in- a “normal” person cannot afford to hire an attorney. This, too, is not true. Yes- there are attorneys who cost more than others. However, most family law attorneys are transparent about what they charge and how it is billed. On top of that, the attorneys with the Law Office of Bryan Fagan offer limited-scope arrangements. You can hire us for advice on one issue, assistance with document drafting, and anything in between. 

Do judges make all decisions for parties in family law cases?

Another common concern that parties have who are beginning a family law case is that judges make all decisions in the case. Once you file your family law case, the theory goes, that the matter is immediately handed to the judge. From there, a judge will either issue decisions outside of a hearing or make a decision after a hearing. In fact, some of you reading this blog post may have delayed your family law case for this reason. 

In reality, judges only play as big of a role in your case as is necessary. For instance, you and your spouse would be given every opportunity to settle your case outside of court. The subject of today’s blog post, mediation, is a key component of this process. Rather than insert themselves into every aspect of your case, a family court judge only plays a role when necessary. If you can settle your case with your spouse outside the courtroom then that is all the better. 

Because judges do not play a central role in most divorces it places more of an emphasis on negotiation. Experienced negotiators not only settle their cases more effectively but they arrive at more equitable outcomes. Therefore, an experienced family law attorney can tip the scales in your favor dramatically. How negotiations unfold and the creativity which comes with each negotiating session matters a great deal. An attorney can help you in all these areas. 

How is time spent in a family law case?

Family law cases are not always hectic. Sure, there are times when you are more busy. But for the most part, a family law case is spent handling downtime associated with your case. This downtime can be spent productively, however. This is one of the secrets of effectively family law case management. Using your free time in the case to handle matters related to the divorce greatly helps the final outcome. How can you use your time effectively in the divorce?

First, decide to open up the lines of communication with your spouse. Unless doing so will threaten your safety, it is critical that you be willing to talk with your spouse. Simple conversations can lead to productive talks on the case. Remember that in a divorce you are negotiating through family and financial matters. As a result, do not underestimate just how impactful these conversations can be. One second you are discussing your son’s latest school project. The next you are hammering out a deal on how to divide the equity in your family home. 

These informal settlement negotiations are terrific because they can occur without your attorneys. Attorneys bill by the hour. Therefore, the more you utilize your attorney the more he or she will bill you. Saving your time and money is a huge plus during these periods where not much else is going on in your case. Additionally, negotiating informally lays the groundwork for effective negotiations in mediation. 

How can mediation benefit you in a family law case?

Mediation is a formalized settlement negotiation session. You and your spouse or co-parent mutually agree to name a third party as your mediator. For the most part, the mediator is a currently practicing family law attorney. In some cases the mediator is a former family court judge. In any event, the mediator has a great deal of experience dealing with matters related to Texas family. The mediator knows how to help you negotiate and problem solve through issues. 

When you show up to the mediator’s office he or she will escort you to a room where you and your attorney will spend your session. Your opposing party and their attorney will go to another room. Throughout the course of mediation settlement offers are exchanged and back and forth. The role of the mediator is to act like a ping-pong ball- bouncing back and forth in between rooms. 

Where a mediator really earns their pay is through helping the two of you create solutions for yourself. A mediator is not there to give you legal advice. That is what your attorney is for. Rather, a mediator is there to help you manage negotiations. Consider that a mediator can offer a fresh perspective on a complex issue you have had trouble negotiating through. Your mediator may have come across a solution to your problem in a similar situation previously. 

Use your attorney to help select the right mediator for your circumstances

One area where your attorney can benefit you dramatically is helping you select the right mediator for your case. No two divorces are exactly alike. The same can be said for a child custody case. Even if you have similar circumstances, your family law case will not exactly mirror that of a friend or neighbor. As a result, you cannot expect that your case will proceed along the same lines. With that in mind, here is how an attorney can help you pick the right mediator for your case. 

Suppose that you are a military veteran. Your retirement and health insurance benefits run through the military and Department of Defense. As a result, there are going to be a lot of questions on your side and that of your spouse related to these subjects. How do you divide military retirement in the divorce? Is your spouse going to be eligible for military health insurance after the divorce comes to an end? These are all relevant and complicated questions to answer. 

Hiring attorneys with the Law Office of Bryan Fagan is a great place to start. We have represented with pride many veterans and their families in divorce cases. As a result, we know how to guide you towards a favorable outcome. Additionally, our attorneys have been able to work alongside many experienced family law mediators who are knowledgeable about matters related to military benefits. Contact us today to see how we can help you and your family in a military divorce. 

Mediation can help you save time in your family law case

Some family law cases, like divorces, must last a certain length of time. In Texas, from the date on which you file for divorce sixty days must pass until the judge can grant your divorce. This sixty-day waiting period can be seen as a minimum length of time for your case to last. How you spend that time will determine how much longer, if at all your case must take. You and your spouse could theoretically negotiate for temporary and then final orders within this period. 

In most child custody cases, however, there is no minimum length of time for your case to take. Rather, you can file your case, serve your spouse, and immediately start negotiating. If you can schedule mediation quickly then you can arrive at a solution quickly, too. This saves you time. Ultimately, you can make or save more money. However, no matter how hard you work you cannot get the time lost to a family law case back. Rather, you need to be judicious with how you spend time in your case. 

Making mistakes in a family law case costs you time, as well. Filing an incorrect document or forgetting to ask for something and then having to amend your pleading happens all the time when a party does not have an attorney. Rather than find yourself in this position it is best to consider mediation as a way to help save time soon after filing your case. Talk to an attorney with the Law Office of Bryan Fagan about how to save time and money in a family law matter. 

Mediation can help you save money

One of the biggest reasons why many people try to delay a family law case is due to the costs involved. It is a sacrifice financially to participate in a family law case. Many people prefer to remain in bad relationships or parenting situation just to avoid paying the money necessary to begin a family law case. However, almost always the situation gets bad enough where the case is filed. Unfortunately, delaying the case makes the case’s circumstances even worse. 

Instead of delaying your family law case why not move forward with confidence? First, seriously consider all options before you. Filing for divorce is not the only option when your marriage is going through tough times. However, once you have exhausted all your options it is important to consider a divorce. Next, as you consider the divorce choose wisely your representative. It is not necessary to forego representation just because you do not want to pay an attorney. 

Talk to an attorney about their billing practices. The attorneys with the Law Office of Bryan Fagan provide potential clients with a detailed overview about how we bill clients. This includes the hourly billing rates for our attorneys and staff. Additionally, we help you to understand how we bill clients and when that takes place each month. When there are special times in a family law case that may require a downpayment of fees we help you anticipate that, as well. 

Final thoughts on the benefits of family law mediation

It is normal to have questions about a family law case. There is a great deal on the line for your family and yourself individually. Coming to a blog post on the Law Office of Bryan Fagan is a great way to find out more about your case and what’s to come. However, you should not stop there. The general information contained in this blog post is a great start. What you need now is specific information that can help you make decisions.

This is where a free-of-charge consultation with one of our attorneys comes into play. The Law Office of Bryan Fagan offers free of charge consultations six days a week. Do you have any questions about the content of today’s blog post? Would you like clarification on an important issue? If so, then do not hesitate to reach out to our office. Our attorneys thrive in high-pressure environments where the well-being of families is a central issue. Thank you for choosing to spend part of your day with us here on our blog. 

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side. 

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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