Usually in family law cases, the parties are in separate rooms from the beginning. If the parties do not object, some mediators prefer to have a joint session with both parties and their counsel is present at the table. This time is usually when the mediator will explain the process and is assured that the parties are there in good faith to try to resolve the issues.
Then the parties usually go into separate rooms and the mediator meets with one side at a time to learn their position on the issues. She will then shuttle back and forth between the parties and attempt to help them reach a settlement. This is accomplished by explaining to each party the strong and weak points of their case.
If the parties can settle some of all of their disputes, the mediator will draft a mediated settlement agreement that contains the terms. Once it is signed, the mediated settlement agreement is usually irrevocable.
Choosing the Right Mediator and Family Law Attorney
Choosing the right mediator is as important as choosing the right family law attorney. Most family law attorneys will have experience working with different mediators. Your family lawyer will be able to give good advice in this regard. The mediator should have no other agenda than to see the divorce to a swift, satisfactory conclusion. Not all divorce mediators are equal in this regard. Divorce mediation is a highly specialized skill. Divorce mediators are dealing with people at a time when their emotions are highly strained and they may have to approach some difficult topics. If you are concerned about your choice of mediator, discuss it with your family attorney and they will help you to make an informed decision.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville,
Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.
How does the mediation process operate?