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What Is Mediation?

Posted by Chris Peterson | Sep 08, 2014 | 0 Comments

What Is Mediation?

What Is MediationMediation is a process which utilizes a disinterested third party to help try to settle disputes between divorcing parties. In most Texas counties today it is required, but you should check on the specific rules for mediation with the county where you will file for divorce. Mediation does not eliminate the need for a College Station mediation attorney, however, and it may well be in your best interests to hire one.

How Mediation Works

Often the two divorcing parties will be kept in separate rooms, with the mediator moving back and forth between them to present the issues raised by each. As your College Station mediation attorney will tell you, the mediator is not allowed to give his own opinion. Rather, his role is simply to present the other side's expectations and try to help the divorcing spouses achieve an agreement.

If mediation fails, the matters in contention will need to be brought before a family court, and the court will render a judgment. In such a case it is possible that neither party will be happy with the decision; hence the value of trying to reach an agreement through mediation.

Possible Outcomes of Mediation

Mediation serves a number of purposes, among them that it helps reduce the amount of time spent in court arguing over matters that could have been handled in alternative ways. Also, it allows both parties to work toward a common solution so that both will be happy. Your College Station mediation attorney will tell you that a mediation session has four potential outcomes:

  1. A full agreement is made, in which case a Rule 411 Agreement will be signed and presented to the court.
  2. A partial agreement is reached, in which case a Rule 411 Agreement also will be presented. The remaining issues in contention will then be dealt with in court.
  3. No agreement is made, and thus all the issues in contention will need to be decided by the court.
  4. A recess is called, and mediation will be resumed later.

Work with a College Station Mediation Attorney if You Are Divorcing

If you file for divorce in Texas, you will most likely have to participate in mediation. A College Station mediation attorney can help you, particularly if there are issues remaining for which you are not in agreement. Call Peterson Law Group today at 979-703-7014.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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