Does the mediator have the authority to impose a settlement in custody cases?
Mediation is a non-binding procedure and its purpose is to assist the parties in settling the difficult issue of custody without the expense and emotion turmoil that can accompany these proceedings. The mediator has no authority to force a settlement without the agreement of the parties. The effective mediator will be very candid with the parties regarding the relative strengths and weaknesses of their case. While he is not an advocate for a particular position, his opinions may carry sufficient weight with the parties such that they become more amenable to compromise.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
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