An Introduction to Texas Collaborative Law & Dispute Mediation
A divorce is hard enough on you and your family. The legal process does not have to add to the challenges you are already facing. If you and your spouse still get along to an extent where you believe you can work together to reach an amicable, mutually beneficial resolution, then you may want to consider going through divorce mediation or collaborative law. Each of these alternative dispute resolution options offers you greater voice in the divorce decree. Let’s review each of these options in turn.
The Mediation Process
During divorce mediation, you will meet at the same time with your lawyer, your spouse and your spouse’s lawyer, and a neutral third-party mediator. The mediator will provide the agenda for the day and work to help you and your spouse agree on how to handle any outstanding issues in your divorce.
This is a great alternative to divorce litigation, as it allows you to maintain control over deciding what happens to your children and your property. It is often cheaper than the traditional divorce process, as well, as the process is less time-consuming and requires fewer resources.
It is important to understand that everything that occurs during the mediation process is confidential. So if the process does not result in a mutually agreed-upon divorce arrangement and you must still go to court, you will not be able to use anything your spouse said during mediation in court. Additionally, the mediator cannot be called in as a witness and cannot provide any supporting documentation. Your attorney who assisted you during the mediation process can continue to assist you in litigation, however, which is not the case if you choose to pursue the collaborative law process instead.
Collaborative Law Basics
The collaborative law process also involves you, your spouse and each of your lawyers. However, there is no third-party mediator. Instead, it is the four of you in one room together, carefully and respectfully addressing all open issues in your divorce. The goal of this process is to agree upon a creative, individualized divorce arrangement that focuses on maintaining a relationship between the two of you well beyond your divorce. Therefore, this process is often most beneficial for couples with children.
There are several aspects that make the collaborative law process unique:
- Third-party experts can partake in the process to ensure issues are handled smoothly and respectfully. These experts include financial analysts, accountants, psychologists and child welfare specialists.
- The lawyer you hire agrees only to represent you during the collaborative process. Should you find yourself going to court, your lawyer will step down and you will need to find another legal advocate.
- The goal at all times is to remain amicable and respectful, so as to avoid the harmful emotional and psychological effects often associated with divorce litigation.
Gather More Information So You Can Choose How to Proceed With Your Case
For more information about each of these processes, review our mediation and collaborative law terminology page to read definitions to common terms used during the mediation and collaborative processes. You may also reach out to an attorney skilled in alternative dispute resolution processes such as mediation and collaborative law by calling 972-353-4600. We are here to help you make today the first day of the best half of your life.