07/20/2024
A brief PSA: Mediation and Collaborative Law are distinctly different. Mediation in Texas divorces involves usually a half-day or whole-day session of negotiation. We usually have each side in a separate room. A neutral mediator goes back and forth between the rooms, conveying information, questions and offers.
This is one of the keys: the mediator does not make a decision. The only way there is a resolution for the matter is if both sides agree to the terms. Also, a mediator cannot give advice to either party and cannot prepare the paperwork for the parties.
Mediation is usually a very effective process for resolving divorces, but it requires the parties to be prepared and know and understand the law and facts of the case. That understanding is best provided by having an attorney for each party. If you go into a mediation without an attorney and without preparation, you are in danger of making a really bad decision.
Mediation usually occurs after possible court hearings, Discovery (exchange of information) and preliminary negotiations. It commonly occurs just before trial or 6-12 or more months after the case is filed.
When the Collaborative process is used, it starts immediately and follows standard steps: issues are identified, information is cooperatively provided and organized, experts are utilized as needed, options are developed and agreements are reached. All of that is done outside of court and both parties have attorneys throughout the process. We can use a mediator, but normally the cases proceed without relying on a mediator. And the cases almost always settle sooner than litigated cases and in ways both parties approve of.
If you are facing a divorce, you should talk with an experienced Collaborative attorney to get answers to your questions.