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Foray Family Mediation, LLC

Divorce and Family Law Mediation FAQs

Common Texas Mediation Questions and Answers

What Is Mediation, and Who Can Use It?

Mediation is a way to settle a dispute with the help of a third party: a mediator. The mediator is not allowed to make judgments or decide how a couple should settle an issue. Instead, they facilitate a discussion between the disputing parties so that they may find their own solutions.

Couples and co-parents alike use mediation to settle divorce proceedings cooperatively or to find a solution to family law disputes. Texas allows judges to require that couples mediate before litigating, so expect to give mediation a good-faith effort before taking your case to court.

Is There a Difference Between Divorce and Family Law Mediation in Texas?

As suggested above, although mediation is an option for divorcing couples, it can be used to settle any dispute under the umbrella of family law. Unwed parents or cohabitating couples can mediate to determine conservatorship, possession and access, child support, and the division of assets, since they cannot set those terms through a divorce. Anyone can hire a mediator to help create pre- or post-nuptial agreements, to settle paternity, and to form surrogacy agreements.

What Are the Benefits of Mediating Houston Divorces?

Most Texas counties require mediation because of its high success rate. When couples work together to solve problems and settle arguments, their resolutions tend to be more durable, since both partners will usually be accepting of the settlement. Mediation also has the potential to be much quicker than litigation, and you could complete divorce proceedings in a week if you and your spouse can come to an agreement that quickly. Since mediation tends to be faster than litigation, the former is typically less expensive. Lastly, courts tend to provide generic solutions to resolve the issues that disputing couples face. In mediation, since you and your spouse or partner would be able to form an agreement in any way you see fit, you could tailor a solution that benefits you both.

How Long Does Mediation Take in Sugarland?

You can complete mediation in just a few brief sessions, or you can have as many meetings as needed, depending on the complexity of the issues at hand.

Are the Decisions Made During Mediation Legally Binding?

Although a mediator cannot find a solution for you and your spouse, they are allowed to create a Rule 11 Agreement once you have resolved your dispute. When you sign this document, the settlements made in your mediation sessions will be enforceable.

What if Mediation Does Not Work?

Sometimes, mediation does not work, or a couple agrees on many issues but not all of them. In this case, the remaining issues will continue in court. Fortunately, if you formed an agreement on some topics during mediation, a judge will only rule on the remaining, unsettled issues.

Are There Cases in Which Mediation is Not a Good Option?

In Texas, you will probably be ordered by the court to mediate before taking your dispute to trial. However, if mediation is optional, some signs should warn you to bypass the process altogether and go straight to court. If you and your spouse have a history of domestic violence, mediation will not be an effective option for you. For this reason, Texas law allows victims of domestic violence to object to court-ordered mediation. Also, if you have a very spiteful, resentful relationship with your spouse and know that one or both of you is not willing to cooperate, mediation is not the most effective option. Mediation does require some measure of cooperation to reach a resolution.

Contact a Montgomery County Divorce and Family Law Mediator

When preparing for mediation in Texas, you should choose a mediator who has the skills, experience, and commitment to help you resolve your family law dispute. At Foray Family Mediation, LLC, our mediator Masah S. SamForay, Esq., has 15 years of experience guiding clients through contentious family law cases and preparing them for positive futures. Contact us today at 346-241-1999.

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