Settlement Through Mediation
Mediation is a process designed to help parties reach a settlement agreement without the need for court intervention. It is encouraged and often required in Texas divorce and custody cases. Unlike traditional litigation, mediation is a party-controlled and party-driven process empowering the parties to make their own decisions about the outcome of their case.
This process offers significant advantages, lowering the stress and cost associated with going to court, and allowing for complete control over the final agreement.
If an agreement is reached, a Settlement Agreement is signed, which in Texas makes it binding on the participants. This Settlement Agreement provides an outline for the Final Divorce Decree or Court Orders that the judge will sign.
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If you are not represented by an attorney and need more information, schedule a consultation to discuss Mediating your family law case.
The Mediator's Role
Preparing for Mediation
Preparing for Mediation
The mediator is an independent and neutral third party who facilitates communication and helps the parties find common ground. Mediators, such as Stephen Putonti, are typically seasoned trial lawyers who are familiar with Texas family law and who have special training in mediation techniques. While Stephen will not offer legal ‘advice’, he will help parties understand potential court outcomes and the high costs associated with trial. It is crucial to note that, unlike the Trial judge, Stephen will not make rulings about the outcome of the case.
Preparing for Mediation
Preparing for Mediation
Preparing for Mediation
Effective and efficient mediation requires preparation. While mediation can occur at any stage of the proceedings, it is often most effective towards the end of a case after the parties have sufficient information to understand the range of possible outcomes if the case were to proceed to trial. This means having enough information to know if a certain position taken is reasonable or not and what the ‘worst day in court’ might look like.
The Mediation Process
Preparing for Mediation
The Mediation Process
Mediation is a scheduled proceeding, ensuring all parties are available and prepared. It is often a challenging and long day. During mediation, the parties are apart in separate ‘Zoom rooms’ with the mediator moving between the parties to communicate offers and facilitate discussion. If successful, the mediator drafts a Mediated Settlement Agreement (called an MSA) for the parties to sign, which becomes binding immediately upon signing.
After Mediation
Confidentiality
Confidentiality
After a successful mediation, the parties must draft a Final Decree of Divorce or Final Child Custody Order which reflects and expands upon the Mediated Settlement Agreement for the Judge to approve and sign.
Confidentiality
Confidentiality
Confidentiality
A key feature of mediation is its confidentiality. Parties are encouraged to privately discuss their strengths, weaknesses, fears, hopes and willingness to settle with the Mediator through compromise without the concern that an offer made or facts revealed to the mediator can be used later at trial. This confidentiality fosters open negotiation and the exploration of compromises without fear of repercussions in court.