Texas Divorce Mediation

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The statistics collected so far indicate that 80 percent of the parties who mediate reach a complete resolution. 10 percent of the parties who mediate reach a significant substantive resolution (like economical or parenting, but not both). The remaining 10 percent fail to reach a resolution.

When is Texas Divorce Mediation appropriate?

Mediation can be begun in the following circumstances-

• Prior to a divorce to complete a Marital Settlement Agreement
• After a divorce if any conflicts sprout up under the Marital Settlement Agreement

If there are allegations of abuse or a past record of abuse, then mediation is ruled out. In any circumstances where abuse is obvious, the Court does not refer to compulsory mediation of visitation or child custody.

If there is a great difference in power between the two parties or any proof of domestic violence, mediation should not be started.

Mediation is appropriate when there is some trust amongst the parties.

Mediators in Texas Divorce Mediation

In this state, social workers, family counselors and psychologists play the role of divorce mediators. The reference of such mediators can be given by divorce lawyers and family counselors. Professional mediators in this state earn their living by offering mediation services on issues like-

• Visitation
• Child custody
• Child support
• Spousal support
• Property distribution

If a Judge issues orders of a Court ordered mediation, then the Court also appoints a mediator for the sessions. As there is less possibility that a circuit Court would command on-line mediation, so it can be expected that the mediations conducted by this mediator would be of the private type.

The role of a mediator is characterized by the following aspects-

• More sensitive to the integrity of the marriage
• Tries to build on the strengths of the relation
• Avoids the "we'll get him / her" approach of the adversarial method
• Maintains impartiality by representing none of the spouses
• Pays attention to the emotional needs of the spouses
• Focuses on restructuring the family using a pragmatic approach
• Helps the spouses in overcoming the disagreements

Post mediation procedure

After the parties reach an agreement, the mediator produces this agreement in written form. This is called as a "Rule 11 Agreement". After the parties sign this agreement, it is binding and irrevocable. It cannot be altered after the signatures are put down. The lawyers are given this Rule 11 Agreement and they produce a more formal final document that is submitted in the Court for signature of the Judge. In some cases, it may happen that a partial agreement has been reached. The above procedure is followed for those issues regarding which agreement has been reached and the remnant issues are considered in the lawsuit.

Post divorce scenario

Observations done so far prove that the alimony and child support payments that are ordered by the Court usually lag after a couple of years and are generally completely ignored after 5 years. However, in case of mediation, it has been noted that the divorced partners are inclined to adhere to the agreement.

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