Whether you and your partner see eye to eye on many of the issues of your divorce – or you are still miles apart – divorce mediation can be a highly successful method for arriving at a mutually acceptable resolution to differences in divorce, child custody and support. Not only can you get the job done, but there are numerous benefits to using mediation for your divorce or child custody case.
Our divorce mediation attorneys help couples throughout Frisco. Call (214) 423-5100 today to speak with our team.
At Albin Oldner Law, PLLC, Frisco divorce mediation attorney Chris Oldner has extensive training in divorce and family law mediation to help you reach an equitable agreement in property division, support orders, and child custody.
Mediation takes place in a comfortable, low-stress setting at our Frisco law office.
During a typical mediation session, the divorce mediator will talk privately with each party to understand their goals and to determine where to focus the negotiations. These conversations are confidential. The mediator is forbidden from disclosing information from one party to the other.
The mediator then meets with both sides together. You can have an attorney represent with you throughout the process if you choose. The mediator does not tell the parties what to do, but reframes and rephrases, and helps the parties hear one another. The mediator will pinpoint places of agreement that can form a foundation for additional agreements. Each party may not get everything that he or she is asking for, but by getting key concessions on their most important issues, may arrive at an acceptable compromise agreement that works.
At the conclusion of a successful divorce or child custody mediation, the terms of your agreement are drafted into a settlement that a judge can approve.
You don’t have to agree on every aspect of your divorce for mediation to work for you. If you and your spouse agree to work together and openly discuss issues to reach a solution, mediation is on the table.
There are a few unique situations that require more than mediation. If a marriage includes domestic violence or there are orders of protection involved, a traditional divorce process is necessary.
It is important to understand that even if you choose to go through the regular court system with your divorce, you will likely be required to use an Alternative Dispute Resolutions (ADR) process like mediation before taking up the court’s time in trial.
Courts routinely require this to help ease their ever-growing dockets, and it has proven to work very well. Over 90% of cases filed with a court settle either on their own or through the use of an ADR method. Historically, however, mediation and other useful ADR processes are not employed until just before trial. But if you wait until you participate in the court-ordered mediation as a last minute effort to settle the week before trial, you’re likely to miss out on ADR’s benefits. By then, the damage to your relationship with your soon-to-be ex-spouse has been done- your children will have been through the turmoil of litigation, the lawyers will have been paid, and that money is gone.
Knowing you are going to participate at least in mediation no matter what route you decide to take, why not try it now? The worst that could happen is that you fail to resolve the issues and you go about your divorce through the courts. You could also settle some, if not all, of your issues and table those remaining issues after you get more information and head back to mediation. The best thing that could happen is you settle your case with less conflict and without spending great sums of money.
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