Getting the Most out of Mediation in Texas Divorce Cases
Family courts in the different counties comprising the Dallas-Ft. Worth Metroplex take varying approaches to the use of mediation for resolving disputes in divorce cases. Some courts order mediation of any contested matter before your case will be heard, while others leave it up to the parties to decide whether to pursue a mediation session. At the Plano law office of Laurence A. DePlaza, we take a distinctive approach to mediation that we feel helps our clients get the most out of alternative dispute resolution (ADR) strategies. Contact one of our family law attorneys to learn more about Texas divorce mediation.
We do not regard mediation as a formality to go through before we can schedule a hearing. Instead, we see it as an opportunity to test the force of our evidence, our understanding of the law and the ability of our opponent to resist what we fully intend to be a convincing presentation of our client's position on issues such as spousal support, child custody, property division, visitation, or child support. We prepare for mediation the same way we would prepare for a case. In other words, we'll be ready to present your case in the strongest and most persuasive terms possible.
Mediation gives each side the opportunity to present their case before a neutral mediator. Although the mediator is not authorized to decide the case in favor of one side or the other, he or she can generally advise each party of the strengths and weaknesses of the case. An experienced mediator can usually predict with reasonable accuracy how a family court judge will rule on a given matter. Assessing each side's case and sharing this opinion will often prod the party with the weaker position into making concessions sufficient to settle the dispute.
One theory favoring mediation is that divorcing spouses, no matter how angry or resentful, can usually make a better deal for themselves based on their common understanding of one another and their children. We don't use mediation as a way to bury your spouse while saving divorce litigation fees. Respect for the other spouse as a parent and as a human being are important principles underlying the administration of justice in a Texas divorce, and mediation is an excellent opportunity to put those principles into action.
At the same time, we do everything we can to make sure that your position emerges as the stronger one in a mediation session. That's why we prepare as carefully for mediation as we do for trial. We want your former spouse to consider whether additional legal fees for a potentially costly legal battle will be a sound investment.
Successful mediation or other alternative dispute resolution approaches can help get you most or all of what you want, while also saving time, money and stress. To learn more about our ability to help divorce clients get the most out of mediation, contact an experienced lawyer at the Plano office of Laurence A. DePlaza.
