Your Houston Mediation Lawyer

Mediation is a process whereby you and your soon-to-be ex come together with your respective attorneys to hammer out the details of your divorce under the guidance of a neutral third party – a mediator who is trained in both the law and negotiation. Mediation’s ultimate goal is for you and your spouse to come to an agreement that serves both of you (albeit with significant compromises usually included). Mediation can be an extremely powerful tool, but it is also a complicated process; if you are facing a divorce, you need an experienced Houston divorce attorney. Mediation provides you with an opportunity to process through the important details of your divorce in a more relaxed environment than that of the court, but mediation is nevertheless a serious process in which emotions are bound to run high. If your mediation is successful, you and your divorcing spouse will walk away with the details of your divorce determined in the form of a signed mediation settlement agreement. All Texas family law issues are handled in mediation including: grounds for divorce, child custody and visitation, child support, enforcement actions, property division and spousal maintenance. 

When it comes to mediation, it’s important to have realistic expectations. You are not likely to come out of mediation feeling on top of the world. During the process, you are probably going to give up some ground that you’d rather not give up, but your attorney will help you stay focused on the larger picture and on protecting your future within the compromises you are making. Mediation is all about compromise, which, of course, means that both parties are required to have a give-and-take attitude. In mediation, both you and your spouse will likely have to make concessions that are somewhat painful. The outcome, however, should help protect your rights overall.It’s especially important to go into mediation with a clear understanding of your divorce priorities. If you and your spouse have no divorce-related sticking points, you won’t need mediation, but most divorcing couples have sticking points that involve the division of marital property and/or child custody arrangements. Prior to mediation, your experienced Houston divorce attorney will carefully go over the details of your divorce with you and will help you prioritize your goals so that when you do go to mediation, you’ll be better prepared to move forward.

The mediation process typically involves you, your divorcing spouse, and your respective divorce attorneys meeting with a mediator either at his or her office or in a predetermined mediation space. You and your spouse will likely begin in different rooms, and the mediator will go back and forth between you. Typically, the mediator will begin with the petitioner, the person who originally filed for divorce. Through this process of speaking with both of you individually, your mediator will become familiar with your case and will help both of you find ways to compromise. Often, mediators are able to help divorcing couples explore options that they may not have even considered. The best approach to mediation is to go in with an open mind and a keen interest in moving your divorce forward with purpose. While you are unlikely to walk away with everything you ever wanted, you should walk away with a divorce settlement that serves you and your children’s best interests. 

Only under very limited circumstances is a divorcing spouse allowed to have a mediated settlement agreement set aside, and these circumstances generally include extremely serious matters like active fraud or the omission of substantial assets during the mediation process. Regret is not reason enough. In other words, you won’t have an opportunity to reconsider once the mediated settlement agreement is signed. Your dedicated Houston divorce attorney will work closely with you throughout the mediation process to help ensure that you can live with the compromises you are committing to and that these compromises help protect your rights.