Mediation

The Woodlands Mediation Lawyer

Mediation is a settlement procedure that should be kept confidential and privileged to allow for the free flow of thoughts and options to resolve disputes; however, there are some exceptions:

  • 1. Evidence that would be discoverable and admissible at trial had this proceeding not been held, does not lose its character as discoverable or admissible at trial merely because it is used or said here;
  • 2. The settlement agreement itself will be contractual in nature, and enforceable, and to that extent it will not be secret; and;
  • 3. In some circumstances, the law requires certain disclosures, like disclosure of drug or child or elder abuse or other crime.

Our office will familiarize you with the nature and extent of protection available to participants in mediated sessions.

Each counsel for a party should provide to the mediator, at or before the start of mediation, information that will be helpful to the mediator to assist them in understanding the parties and issues, which will make the mediation process be more efficient and productive.

At Spielvogel & Spielvogel, P.C. you will find a professional law team who understands your situation. They know that separation and divorce can be very stressful for your family. Certain aspects of divorce can be difficult for a couple to work out on their own. With an unbiased mediator to guide you and a competent attorney to protect your best interests, the truly important points of the divorce can be worked through and resolved to everyone's satisfaction.

Using Mediation to Settle Divorce Cases in Texas

Although mediation itself is a process, the negotiations that take place during a mediated session should be flexible. In preparing for mediation, we will work with you to be sure you have an understanding of what is available to be accomplished and have discussed available settlement options to consider before the start of mediation. We will ask for you to try to determine in advance what your spouse may want to accomplish so you can be prepared to address their concerns or issues or have documents available to answer questions. Because mediation involves negotiation, try not to fix yourself on a bottom line before the process begins. Generating available options is an important part of the process.

When family law matters are the subject of mediation, the disputes should be considered problems to be solved together, not combats to be won. The majority of all family law cases settle, eventually.

Whether and when disputants settle their differences depends upon multiple factors, including but not limited to, the ultimate issues to be resolved and available options for resolution, the reasonableness of both parties, awareness of the risks involved with settlement versus trial, the level of skilled and knowledgeable attorneys providing sound legal advice to clients, and the ultimate desires of the parties, hopefully keeping the best interests of children at the forefront of all decisions. Janet L. Spielvogel has attended hundreds of mediations with clients for temporary or final orders in family law cases. In addition to attending mediation's for the benefit of our clients, having more than 20 years experience as a trained mediator, Janet has been the mediator for numerous family law cases for other attorneys.

Mediation sessions could include having the parties attend joint sessions with all parties and attorneys present in the same room for at least part of the time, or they could involve totally private caucuses where only one party, that party's attorney, and the mediator are in the same room at the same time while the other party and their attorney remain in a separate room, until the mediator returns to that room.

Experienced Mediation Lawyer

Remember that, when attacked, it is human nature to attack back. Inflammatory charges and responses are obstructions to settlement, and prompt settlement is usually better than extended litigation after all the costs in time, money and emotional turmoil are calculated.

The mediator is not the judge or jury in your case and should remain neutral throughout the process. The mediator does not represent either party. Their purpose is to assist the parties in reaching their own settlement and legal counsel for the parties should be present to be sure the legal aspects of any final agreement are accurately and fully incorporated into the mediation agreement.

Settlement success does not hinge on who is right or wrong on any particular issue because oftentimes perceptions, emotions, and personal experiences are affecting decisions and judgment. What does matter is that the parties leave the process with a feeling of satisfaction or accomplishment, and that the interests of the parties and of any child of the parties have been served. Not all cases are resolved in mediation, but a majority of family cases are resolved prior to trial, and much credit for that type of success is mediation. Our courts are there to resolve issues where the parties cannot resolve them without court intervention, but there are few occasions where both litigants leave the courthouse after a contested trial with a feeling of satisfaction and hope for a long-lasting co-parenting arrangement.

Once settlement is reached during mediation, a mediated settlement agreement is drafted and signed by all parties and counsel, and from that agreement an order for the court to sign will be drafted.

Contact a Montgomery County Family Mediation Attorney

The attorneys at Spielvogel & Spielvogel, P.C. provide you the advantage of having legal counsel with over 30 years of technical and practical experience in dealing with family law and real estate matters by your side through the ordeals associated with the initial separation of the family unit, with the continuing maintenance of reasonable parent-child relationships, or with information pertaining to your rights, ownership, purchase, or sale of real property. We will provide you with the knowledge and tools you will need to prepare you for engaging in the mediation process for final trial issues, and where required by the courts or agreed upon between the parties, for temporary orders during the pendency of your suit.

We will assist you in generating options for how to implement a parenting plan that can be mutually satisfactory to you and your spouse and to resolve non-parenting issues such as the division of your community estate, even when the underlying facts make the basis for complex or emotionally charged disputes. We understand that divorce, and issues pertaining to custody, possession and support of children, and buying or selling of real property whether or not resulting from a divorce, are stressful and that having a knowledgeable representative you can rely upon to assist you during this process is imperative.

Please contact our office to schedule a confidential appointment to discuss your legal needs and how mediation can work best for you.