Lakeway Mediation Lawyers

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR). Lawmakers understand that not all couples want or need to engage in formal court proceedings to resolve every dispute and issue. For those who want to attempt more collaborative approaches before resorting to formal litigation, Texas law provides a number of alternatives, including negotiation, mediation, and arbitration. The procedures of these alternative methods are governed by the Texas Family Code. Divorce mediation permits divorcing couples in Lakeway to seek the assistance of a neutral third-party (the mediator) to discuss and help reach a resolution in their dispute. Mediators are specially trained in dispute resolution techniques and often have extensive experience as either a judge or family law attorney. Mediation can occur in any neutral setting, such as an office or conference room at an attorney’s office. Due to recent developments, mediation can also take place remotely.

The rise in the popularity of mediation among couples is due largely to reduced costs, reduced stress, and increased efficiency over traditional litigation avenues. Mediation allows the couple to arrive at their own final resolution, instead of having a solution determined by a third party (such as a judge or arbitrator). Many couples feel that this difference provides a greater sense of agency in their dispute.

Typical mediation sessions take place over a full day. If the parties have not arrived at an agreement by the end of the day, they will have the choice of either continuing the mediation on a later date, or pursuing some other method of dispute resolution. Whether the parties can find a solution on the first day comes down to the number of issues, and the parties’ positions relative to each other.

Who is the Mediator?

As we mentioned above, the mediator helps guide the parties through the mediation process. The mediator is a neutral, third-party, the choice of which both parties must agree to. Fortunately, a large majority of the mediators in Lakeway are equipped with a number of negotiation techniques. Additionally, many have extensive knowledge of Texas law and are formally trained in conflict resolution. The agreed upon mediator will work with both parties to foster productive negotiations and offer reasoned feedback on the parties’ arguments (however, mediators are not permitted to dispense legal advice at any time).

It is important to remember that the mediator’s role is to assist the parties to reach their own solution; they have no authority to dictate resolutions to the parties. In this way, the mediator can assist the parties arrive at a solution that works for them.

What are the Benefits of Mediation?

The numerous benefits that mediation can bring has made it a popular choice among couples in Lakeway. A non-exhaustive list of mediation’s benefits includes:

1. Less Time. Mediation is almost always a more efficient option than traditional litigation. Instead of battling with crowded court dockets, mediation allows the parties to come together and hash out a solution in comparatively short order. Scheduling mediation sessions can be easily organized with a few emails.
2. Lower Costs. The increased speed with which matters become resolved through mediation often directly translates to reduced costs to the parties. Mediation can bypass some of the most time-consuming aspects of formal litigation, such as discover or the taking of depositions. Couples who seek to find a resolution while also keeping costs down would do well to consider mediation.
3. High Success Rates. The empowering aspects of mediation (discussed above) often lead the parties to arrive at agreeable solutions at a higher rate (and in reduced time) than when traditional divorce litigation is used.
4. Mediation is Flexible. Many couples also enjoy the greater control they wield over the mediation process. Additionally, having some flexibility when resolving a dispute can ease much of the pressure that accompanies traditional divorce mediation.

After Mediation

After concluding the mediation process, the parties will have a single document compiled that will contain all of the agreed upon terms. This agreement is called the Mediated Settlement Agreement (MSA). Once both parties, their attorneys, and the mediator sign the MSA, it will be binding and have the force of law behind it. In Travis County (and therefore, Lakeway), the parties’ attorneys will use the MSA to draft the Final Decree of Divorce. The Decree is then presented to the court and signed by the Judge.

What if Mediation Efforts Stall

Try as we might, sometimes couples will be unable to reach an agreement on a particular matter or issue. Afterall, mediated settlements must be accepted by all parties word for word. In the rare instance when mediation cannot gain traction, the parties will be free to attempt another form of ADR or even engage in a traditional litigation proceeding.

Contact a Lakeway Mediation Attorney for Help Today

If you would like to discuss whether mediation would be an appropriate avenue for your matter, please contact our offices at (512) 746-7399 to speak with one of our experienced Lakeway mediation lawyers today.