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Laws of Love: Mediation In Texas Resolving Disputes of the Heart

Author: 
Leslie Barrows
 | Published: 
February 15, 2022
 | Category: 
Divorce Litigation

Mediation in Texas: Resolve Disputes Informally, Show Love for The Family

Mediation is one of many forms of alternative dispute resolution in divorce in Texas and child custody. Mediation is a non-evidentiary process to settle family lawsuit disputes over children, money, property, and more in divorce and child custody cases in Texas. Because the focus isn’t presenting and getting evidence accepted in the court, mediation is much less formal, and the mediator can go back and forth between the parties and reach settlements of some or all the issues on which the parties cannot agree. The more issues that can be resolved in mediation, the more focus everyone can give to the important issues that might need to be litigated before the judge or jury.

When you love your family, even your soon-to-be ex, and your children, keeping them out of court can help everyone heal and move forward in a positive position, ready for co-parenting and raising children in a positive, caring, and sharing environment. Show love for the family and resolve disputes informally with mediation in Texas.

In Southlake, Attorneys Leslie Barrows and Samantha Ybarra are Court-Certified Mediators. Call today and make an appointment to learn rights and options in divorce and child custody mediation(817) 481-1583 at the Barrows Firm.  

Our Family Wizard Article: The Importance of Family Mediators

Features and Benefits of the Mediation Process in Texas

At mediation, clients and their attorneys work from separate rooms and the mediator goes back and forth with the parties to help them resolve certain issues in an informal setting. In mediation, some or all the contested issues can be addressed. A client going through mediation gets to talk to their family lawyer about what they might expect if they must litigate certain issues in court and have the judge make the ruling. Judges prefer clients to resolve their issues in mediation and hopefully sign a binding Mediated Settlement Agreement.

Child support, conservatorship, and the rights and duties of parents can be determined through the mediation process. Property division is also a mediated issue. The parties should be well prepared before mediation, having reports and opinions of experts ready to weigh the positions of the parties on issues of children, money, and property.  

The strengths and weaknesses of the different parties and their issues are evaluated by the mediator. The mediator’s job is to try to settle. Whether the mediator’s settlement is fair and equitable is something the arties can determine when deciding to take the settlement or push forward in court.  

Loving the family first is something accomplished through mediation because it saves loved ones from the process of litigating in court and the adversarial process. Even though the soon-to-be ex-spouse is the source of current problems and the divorce or child custody suit, remember they were once a loved person with whom so many plans were made. The best way to love oneself is to let the other one go and let them also find love again without the weight of love lost.

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Getting Answers to Common Questions About Mediation in Texas at the Barrows Firm in Southlake

Everyone’s divorce and child custody cases are unique, and so are the mediations. The more people learn about mediation the more questions they ask. When used properly and when the parties are well-prepared, mediation can save time, money, and the underlying love of family members, even in such a tough time.

Psychology Today Article: 3Ways Mediated Divorce is Better for Your Family

Who Pays for Mediation in Texas?

Mediation can cost a few hundred dollars an hour depending on the mediator. Mediation sessions can be billed according to agreement by the parties or as ordered by the Court. Attorneys who are mediators usually charge more than non-attorneys and when hiring a mediator, many find they get what they pay for. Usually, both parties pay for the mediator and the judge can also enter an order regarding mediation and payment. Show love for the family by saving money for the kids’ future college expenses.

Is Mediation Legally Binding in Texas?

The whole point of mediation is that it is a non-binding procedure and nothing in mediation becomes legally binding without a written agreement signed by both parties and approved by the Court. When a Texas Marital Settlement Agreement is signed by both parties it becomes legally binding. These agreements are also called Separation Agreements. Show love for the family by committing to a Mediated Settlement Agreement.

How Do I Prepare for Mediation in Texas?

The purpose of mediation is to resolve contested disputes. If one parent claims they should have custody, for example, they can make their case as to why they should the one to get custody. In the mediation process, they offer what they may use as evidence to ask the judge or jury to rule in their favor. When the issues in mediation are about money and property, evidence should be presented establishing claims of ownership, value, and the character of property as community or separate property. Show love for the family by making the best use of everyone’s time and resources by being well prepared for mediation.

Who Can Mediate in the State of Texas?

The Texas Alternative Dispute Resolution Act sets the requirements to become a licensed mediator in Texas. Both Attorneys Leslie Barrows and Samantha Ybarra are Court-Certified Mediators. While Texas currently does not have state-mandated requirements to be a mediator, there are qualifications for someone to be an impartial third-party mediator, involving training.

Very Well Family Article: 10Signs of a Healthy, Effective Co-Parenting Relationship

Can Mediated Agreements Be Challenged Later?

To make a Mediated Settlement Agreement binding in Texas, so that it cannot be challenged later, it must so state, very clearly in bold, capital letters, or underlined text, and be signed by each party and their attorney. Show love for the family by taking mediation seriously and committing to sticking to the Mediated Settlement Agreement.

Showing Love for Family and Self Happens When Mediating Divorce and Child Custody Disputes with Barrows Firm Mediators (817)481-1583