(833) 553-4251
(833) 553-4251
Mediation is a process in which a neutral third party, known as a mediator, helps divorcing spouses communicate, negotiate disagreements, and explore potential solutions involving spousal maintenance, child support, custody, or the division of marital assets. The mediator facilitates discussions but does not make decisions for either party.
In some cases, the judge requires couples to attend mediation before a final decree can be issued, but you and your spouse may agree to attend it at any stage of the divorce process. Coming to reasonable, peaceful solutions with a San Antonio mediation lawyer could shorten the process by avoiding a trial and save money on contentious legal proceedings. Want to know if mediation is right for you? Contact a dedicated family attorney from Kimbrough Family Law to answer your questions.
While mediation can be used in any family law case, it is most often beneficial for divorcing couples. If you and your spouse are unfamiliar with how mediators work and how to find one, our tech-savvy and innovative San Antonio lawyers are well-equipped to help. A judge can always appoint a mediator, but if you are searching yourself, criteria to look out for include:
During mediation, the mediator facilitates discussions between the spouses, while each party’s attorney may provide independent legal advice and help evaluate proposed settlement terms.
There is a rhythm to mediation sessions, and you should get comfortable with the stages of the process. Depending on the current state of your relationship, you can attend mediation sessions with your spouse or separately. Either spouse can also bring an attorney to advise you during the sessions.
You will proceed through an orientation and then identify issues and gather information supporting your position. Your mediator then oversees negotiations, offering suggestions for compromise and encouraging open dialogue. The goal is to resolve points you and your spouse disagree on so your divorce proceeds through the system without delay.
Once all differences are resolved, the decisions reached during mediation will be drafted into a written agreement that you and your spouse sign. If differences remain, they will be resolved by a judge at trial. Mediation is a valuable tool that can save you from enduring a contentious trial, and you could gain peace of mind with the help of a dedicated San Antonio attorney.
A mediated settlement agreement can help resolve contested divorce issues. Under Texas Family Code § 6.602, an agreement is generally binding when it contains a prominently displayed statement that it is not subject to revocation and is signed by both spouses and their attorneys, if present at the time of signing. Agreements involving children are also subject to additional requirements and limited exceptions under Texas Family Code § 153.0071.
However, completing mediation does not automatically finalize a divorce. The court must still enter a final divorce decree, and applicable waiting periods and procedural requirements must be satisfied. If some issues remain unresolved, the spouses may continue negotiating or ask the court to decide the remaining disputes. A San Antonio attorney familiar with mediation can help review the settlement terms and prepare the necessary court documents.
Divorce is always emotionally upsetting, which is often exacerbated by spouses who cannot agree on key settlement points regarding children and money. The state encourages divorcing spouses to participate in mediation, and in some cases, orders it. Let our innovative San Antonio mediation lawyers help you through this trying time and help you reach peaceful resolutions with your soon-to-be ex-spouse. We look for bold, creative solutions to problems and leverage technology to benefit you. Contact us today.
N/a
