Mediation is a subject in Texas family law that does not garner much fanfare. It is simultaneously an important part of the family law landscape and is under-discussed. In today’s blog post from the Law Office of Bryan Fagan, we hope to shed some light on this crucial subject. While you may not be aware of all the benefits of mediation today’s blog post should go a long way in helping you to improve your level of knowledge.
One of the great misnomers of a Texas family law case is that it tends to pit parties against one another. The site of that great conflict is thought to be a courtroom. At the same time, many family law cases do indeed wind up in court that does not have to be the outcome in your case. Rather, mediation offers you an alternative method of resolving your case satisfactorily.
After reading today’s blog post if you have any questions about mediation or Texas family law in general, please contact the Law Office of Bryan Fagan. Our licensed family law attorneys are available six days a week for free of charge consultations. You may schedule an appointment with our office in person, over the phone, and via video. With offices located across the state of Texas, you are never too far away to speak with one of our attorneys.
What is mediation?
Mediation is a process where you and your opposing party agree to meet with an independent, third-party mediator. The purpose of mediation is to help determine whether a settlement is possible in your case. A mediator does not represent you or your opposing party. Rather, a mediator assists your family in being able to arrive at a settlement in your case.
During mediation, you and your opposing party will be placed in separate rooms at the office of the mediator. The mediator spends their time bouncing back and forth in between your rooms like a ping pong ball. Throughout the process, a mediator will convey settlement offers and counter offers to each of you. Along the way, the mediator plays devil’s advocate and causes both of you to look at your case from a different perspective. The purpose of this is to help you learn more about your case.
Through mediation, you and your opposing party take hold of your case. One of the concerns many people have in a family law case is somebody else making decisions for them within the case. The thought is that once you file your family law case it is the attorneys and judges who make the decisions for you. In truth, mediation offers you an opportunity to put your stamp on the case.
Do not assume that judges make all the decisions in a family law case. Rather, by taking seriously the opportunity in mediation you and your opposing party can determine the outcome yourselves. Remember that you two are going to be left dealing with the consequences of your decisions. By mediating your case you avoid the possibility of someone else making important decisions that will affect you for years to come.
What types of family law cases go to mediation?
All types of family law cases in Texas are eligible for mediation. Divorce cases are among the most frequently filed family law cases. With so many issues at play in a divorce It is not always easy to be able to focus on any specific factor. One of the tremendous advantages presented to you and your family in mediation is that you have a person there who helps you look at each issue in the case. From there, the mediator will help to be able to fine-tune your arguments and help present settlement offers. With your financial and family future at stake, mediation is a tremendous venue to hammer out long-lasting agreements.
Child custody cases are also capable of being mediated. One of the advantages of the child custody case to mediation is that it is possible to mediate the case very early. Without a waiting period, as you experience in a divorce, your child custody case may be able to settle relatively quickly after your case is filed. As we will see, this can help you to not only reduce time commitments but also financial difficulties that present themselves in longer family law cases.
Other types of family law cases, such as modification and enforcement cases are also eligible for mediation. In short, Mediation can help you and your family no matter what type of family law case you are involved in. A key to this discussion is being able to have clearly defined goals. Need help reaching those goals? Contact the Law Office of Bryan Fagan today.
Saving time is a major advantage of mediation
Time is one resource that you cannot create more of. As a result, every minute spent in a family law case is a minute taken away from another area of your life. While your case may be necessary now it is not always true that the case must last for a long period. Rather, there are almost always opportunities to settle a family law case with minimal time spent in the courtroom. Certainly, you need to view mediation as a possible means to facilitate that kind of settlement.
One of the things that the attorneys with the Law Office of Bryan Fagan can tell you is that many family law clients of ours have offered similar opinions on the length of time spent in a family law case. It seems to many people that the speed of their lives tends to pick up during a family law case. The reason for this is that the rest of your life does not go on break just because you are in a divorce or child custody case. All the same, the responsibilities you had before still exist. The difference now is that you have a legal case to keep track of.
Mediation is more cost-effective than going to court
The idea that you must go to court to resolve a child custody matter is incorrect. Not only do courtroom proceedings typically result in less favorable outcomes for all parties, but they cost more money. The most important factor to consider is that the outcomes tend to be less favorable for everyone involved. The reason for this is that your family knows the situation and best interests of everyone involved better than a judge. When you go to court you are throwing up your hands and saying that the two of your parents could not handle the problems of your family together.
On top of that, there are considerations regarding money which must be considered. Again, money is not the most important factor in a family law case. Indeed, you can look at a family law case as a short-term investment into the long-term future of your family. However, that does not mean that you should completely disregard aspects of the case related to money. When you can save money and achieve a better result that is a perfect combination. By attending mediation, you allow yourself to do both.
Your family law attorney bills by the hour. This means that he or she will need to bill you for all time preparing for your trial and spending time with you in court. The longer that takes, the more expensive the process becomes. All the while, you and your co-parent could have been working on a settlement together in mediation. While attending mediation doesn’t guarantee you anything it does give you a tremendous opportunity to eliminate costs from your case. In an already expensive process, mediation offers you the one chance to save yourself a great deal of money.
Mediation is less stressful than going to court
Another factor to consider when it comes to going to court in your family law case is the stress involved in a courtroom experience. If you have never been to court before then the process can feel foreign. For one, you are not used to being in court. Once you step foot in the courtroom it is very apparent that this is not your home field, so to speak. Rather, you are playing in someone else’s sandbox. No matter what sort of confidence you have in yourself or your case it is unrealistic to think that you won’t be at least a little nervous or anxious about going to court.
The stress involved with a multiple-day trial or hearing is significant. Every word said in the courtroom and every decision made by the judge has a tremendous impact on your family. As a result, that stress tends to mount and build on a day-to-day basis. Once the trial or hearing gets going there is not much you can do to stop it. Rather, you simply must go along for the ride and hope for the best. The evidence that you planned on presenting to the judge may be inadmissible. The arguments you make in court may not be as convincing as you assumed.
Compare this to mediation. In mediation, you are in a private environment with your attorney. You do not have to speak to your opposing party. You may not even see him or her throughout the entire process. This is what makes mediation that much more of a desirable process. Instead of putting all your affairs in the public arena during a trial, you can mediate your problems away privately. Most people find this to be a much more attractive alternative. Talk with your attorney early in your case about how you can prepare for mediation.
The focus is on collaboration and finding common ground
Everyone in the family law setting talks about wanting to find common ground with one another. Setting aside your differences and finding an acceptable middle ground sounds great on paper. However, when you get right down to it, the circumstances may not make it easy to set aside your differences with your co-parent. You may have long-standing disagreements with him or her. These disagreements tend to come out during a contested child custody case.
What can you do to minimize the likelihood of major disagreements that are experienced during a child custody case? Making a concerted effort to settle your case is one method of avoiding a great deal of disagreement and stress associated with the proceedings. Again, no one is telling you to back down from an argument that you believe matters a great deal to your child.
However, we are suggesting that you should pay close attention to the parts of your case that can be settled. Where can you and your co-parent find an acceptable middle ground? It may take some time but almost always there are ways for the two of you to find a middle ground. It may be in a relatively minor area of the case. That said, sometimes terrific successes in negotiation can start from a relatively small area of the case.
Mediation allows you and your co-parent to spend concerted time and effort on your case. You have nothing else going on at that time. Your phone should be put away, neither of you is working. There is no television on. All you have is the facts and circumstances of your case to discuss together. This emphasis on collaboration allows both of you to identify problem areas and put your effort into finding solutions. Most parties who enter into mediation can settle most or even all of the outstanding areas of their case.
Mediation is a private process
Another advantage of mediation is that it offers you and your co-parent an opportunity to hammer out your disagreements in private. Once you step foot in the courtroom anyone off the street can come in to witness the hearing or trial. This means that family members, interested observers, or anyone in the public can join. This is not as if most child custody cases are heavily viewed experiences. You should not necessarily expect that anyone you don’t want will come in to witness what is happening. However, it is certainly possible that this could happen. If there are people in your life who tend to be nosey or obtrusive they almost certainly will make their way into a hearing or trial.
Mediation occurs behind closed doors. The results of mediation are private and not made public. By agreeing to mediate both sides agree to certain confidentiality and privacy clauses. Any questions you have about the privacy or legitimacy of mediation can be addressed with your attorney and the mediator before beginning.
Retaining control over the final agreement
It cannot be emphasized enough just how much control you and your co-parent have in mediation compared to a trial. A trial provides you and your co-parent with relatively little in the way of control over the case. Once you step foot in a courtroom you will quickly see that the judge is master of ceremonies. He or she makes decisions based on the evidence submitted. Depending upon the judge’s particular viewpoints on your case you may get a result that is much different than what you anticipated.
Contrast this with mediation. The only limitation you and your co-parent have in mediation is your ability and willingness to negotiate with one another. Otherwise, both of you have a tremendous amount of authority to negotiate with one another and come up with acceptable settlement terms.
Amicable relationships lead to more effective co-parenting
Finally, your relationship with your co-parent does not come to an end during the child custody case. Rather, the most important parts of your relationship with him or her are just beginning. You are starting to build a co-parenting relationship with him or her. The focus of your life should now be on the best interests of your child. Whether you like it or not, you need to work with this person to further that child’s best interests. You both will be a part of that child’s life moving forward.
Parents who can focus their attention on the best interest of their child see better results not only for the child but for their co-parenting relationship. This begins during a child custody case. Mediation can go a long way toward helping your family get off on the right foot when it comes to this all-important relationship.
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.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
