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Georgetown Mediation Lawyers

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In recent years, mediation has become an increasingly popular alternative to traditional litigation when negotiating divorce settlements for residents of Georgetown, as well as Williamson County more broadly. For many, mediation is often a great choice for both contested and uncontested divorce cases. The reason for this rise in popularity is simple: mediation has broad applicability to resolve a variety of issues that may accompany a larger divorce. Please continue reading below for a brief overview of mediation and why so many couples are choosing it as a method of dispute resolution.

What is mediation?

At its core, mediation is a form of alternative dispute resolution, or ADR, which can be used in place of traditional divorce litigation. Traditional litigation is what many think of when they hear the word “court”: wood paneled courtrooms overseen by a judge who presides over the case between the parties and their lawyers. ADR offers a different path toward dispute resolution and is expressly sanctioned by the Texas Family Code. The various methods of ADR allow the parties to resolve their situation without litigation and can be used for almost any legal matter. In the context of divorce, Georgetown couples can enlist the help of a mediator. Mediators are specially trained, impartial third parties who act as a go-between for the parties in resolving their divorce-related disputes. Many people are intimidated by traditional courtrooms. Mediation avoids that problem as its sessions often occur in neutral settings, such as a conference room in a lawyer’s office. Mediators can even host mediation sessions remotely. 

In traditional litigation, the judge will deliver the final decision. By contrast, mediation provides the parties, themselves, an opportunity to craft a solution suitable for everyone. Past clients have noted how their increased sense of power and control during mediation increased their confidence and also helped them achieve a more beneficial settlement. Another added benefit of mediation is the cost savings—by avoiding the formal motions of traditional litigation, the parties can reduce the time and money needed to arrive at a solution. 

However, while mediation is typically much faster than traditional litigation, some time must be taken to ensure a positive outcome. Mediation sessions are usually scheduled in half or full-day blocks. These time blocks are designed to give the parties adequate time to craft solutions and weigh their options when deliberating. Additionally, even if the parties cannot reach a final agreement within the allotted time, if real progress has been made, mediators may suggest a supplementary mediation session at a later day. If both parties feel like a solution is within reach, they can agree to another session. 

How does mediation work?

When selecting a mediator, it is important to choose someone who possesses both patience and common sense. Fortunately, most of the active mediators in Georgetown are trained on a variety of negotiation strategies and techniques. For many parties, these conflict resolution skills have helped them reach amicable resolutions for their matters. In addition to the skills mentioned above, most mediators have extensive knowledge of Texas family law—particularly divorce law. In the event that the parties reach a roadblock, many mediators can help the parties get back on track by offering suggestions to help the parties toward a resolution.

While mediators have an arsenal of techniques and strategies to assist the parties in arriving at a positive outcome, they have no authority to render a binding decision. Simply put: only the parties, themselves, can agree on a final resolution.

Instead, the mediator’s role is more akin to a guide: he or she ushers the parties through the process towards a mutually beneficial resolution. And while mediators are often attorneys, they are prohibited from offering legal advice to either party.

What are the Benefits of Mediation?

As we touched on above, mediation is often a great choice for many divorcing couples. A non-exhaustive list of the benefits of mediation includes:

  • Time. For many divorcing couples, mediation will produce an agreeable resolution far faster than would be possible through traditional divorce litigation. In traditional divorce litigation cases, the parties are forced to navigate complex and crowded court dockets. By contrast, parties who agree to mediation are free to schedule their session(s) for whenever it is convenient for the parties, their attorneys, and the mediator. 
  • Cost. The time savings mentioned above routinely translate to cost savings. With divorce mediation, the divorcing couple can bypass many of the most time-consuming processes necessary in traditional court litigation. Many couples cite the greatly reduced cost of mediation as a primary motivating factor for their selection of the ADR method. 
  • High Rate of Success. Divorcing couples that opt for mediation achieve high success rate for dispute resolution.
  • Flexibility. Divorce mediation offers the divorcing couple increased control over the resolution of their dispute. This increased control also affords the parties greater flexibility than would be offered by the traditional court system. 

After Mediation

After the mediation process has concluded, the mediator will facilitate the drafting of a written agreement which includes all the agreed-upon terms. If the MSA matches the parties’ agreed terms, it will be signed by both parties, their attorneys, as well as the mediator. In Texas, this document is called the Mediated Settlement Agreement (MSA) and, once signed, it will have the force of law behind it. After signing, the parties’ lawyers will use the MSA as a guide for what is called the Final Decree of Divorce. The Decree is then is presented to the court and is signed by the judge.

Mediation May Not Solve Every Issue

Despite the best efforts and intentions of the parties and the mediator, a mediated solution may not be within reach. Disagreements can range from foundational issues to the definitions of a few terms. If a divorcing couple fails to reach an agreement on some issues through mediation, they can use another form of ADR, such as arbitration, or be heard by the court to resolve their remaining disagreements.

Contact a Georgetown Mediation Attorney for Help Today

If you have questions regarding whether or not mediation is the appropriate path for you, contact our offices at (512) 746-7399 to speak with one of our Georgetown mediation lawyers today.

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    TESTIMONIALS

    • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

      David - Divorce Representation

    • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

      Anonymous - Holly is the lawyer who lawyers hire for their own divorces

    • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

      Martin - Excellent Lawyer

    • "Ashley Morgan and her paralegal Aleks were both so amazing to work with. They were second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

      Josh Campbell - Family Law

    • "This was as good an experience as you can possibly have with a divorce situation! Candice and Laurie were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis and Candice Derelye and Laurie Theriot. They are the best! ”

      Susan Morris - A divorce situation

    • "This was my first time ever working with lawyers and words cannot express how grateful I am for Ashley Morgan and her team. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

      Erik Jurado - Highly recommended

    • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. Ms. Donnelly along with Paralegal Stacy O’Brien and Attorney Michelle Fontenot are definitely assets to the Kirker Davis law firm. ”

      Bertha Solis - My divorce case

    • "My experience with Kirker Davis has been amazing. Candice Deyerle has been my attorney and in just under a month she helped to correct severe deficiencies in my custody case. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wh...”

      Daniel Kearns - Custody case

    • "From my first visit, I felt like Candice listened to every word I said and showed concern about my pending situation. My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. If I wandered off course, Candice would guide me back online! Fantastic results! ”

      Edward Novess - Fantastic results

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