Plano Divorce Lawyers and Family Attorneys in Armstrong the Law Firm advocate using mediation as a communication and settlement tool before, during, and after a divorce.

Mediation is an Alternative Dispute Resolution (”ADR”) procedure which takes the form of a non-binding settlement conference between two individuals with adverse interests and a professional facilitator known as a mediator.

“Family mediation” means the mediation of disputes in actions for divorce, annulment, establishment of paternity, child custody or visitation, or child or spousal support.

Mediation programs can be extremely helpful to people who are in the midst of a divorce, as well as to those who have long been divorced but who find themselves in a dispute in their post-divorce relationship. In addition to saving the parties money, it promotes positive dispute resolution rather than adversarial procedures. That being so, it is definitely worth investigating by any couple facing divorce, a child custody battle, visitation dispute or other interspousal conflict.

Used before the divorce,mediation is a process that may help you resolve your case so you can have an uncontested divorce. Mediation is particularly useful in situations involving children, since it is clearly in the best interest of the children that their parents “get along” even if they will no longer live together as husband and wife. In the State of Texas, all cases that involve contested custody or visitation matters are referred to mandatory mediation, provided the parties are represented by an attorney and there is no allegation of domestic abuse.

Mediation attempts to change disputes from “win-lose” proposition to “win-win” scenario. Mediation is a non-adversarial process of helping people come to agreement on issues like parenting arrangements, support of children and spouses and division of real and personal property. Mediation occurs when a neutral third-party, who has training in dispute resolution strategies and techniques, assists you and your spouse to resolve the issues that are causing conflict and to make cooperative, informed decisions. Until the last 10 years or so, just about the only course for divorcing couples was to hire lawyers as “gladiators” to do battle for them. Obviously, this is still a viable option where necessary. Before mediation was common, however, often spouses would not even speak with each other, “communicating” only through their attorneys. The advent of “no fault” to divorce laws beginning in the 1970’s gave rise to an emerging alternative for divorcing couples: mediation. Mediation is the process in which the divorcing couple works out its problems, disagreements, and marital issues with a trained, impartial third party—the mediator. The mediator assists the couple in resolving its differences in a constructive way to reach a “win-win” decision rather than the adversial “win-­lose” situation.

Use Of  Family Mediation in Texas

Mediation can be used to resolve the entire range of family disputes both before a divorce takes place — in order to consummate a marital settlement agreement– and after the divorce, to resolve continuing disputes that might arise under a marital settlement agreement.

Exception For Abuse Cases A history of abuse or allegations of abuse preclude mediation and the court will not refer for mandatory mediation of child custody or visitation any situation where abuse is evident.

Mediation should not be used when there has been evidence of domestic violence or abuse or where there is a great disparity in bargaining power between the parties. In order for the mediation process to produce results, there must be at least some pre-existing trust between the parties.

Finding a Divorce Mediator in Texas

There are professional mediators who earn their living by providing divorcing couples mediation services on all issues. Armstrong the Law Firm can assist in referring you to such a mediator. These professionals can be invaluable in helping couples resolve property and support issues but also will assist with custody and visitation disputes.

Court-ordered mediation begins when a judge orders it and a mediator is appointed by the court.

Armstrong the Law Firm is a firm practicing family law in Collin County, including McKinney, Allen, Frisco and Plano , and has experienced divorce lawyers and family lawyers.  They stand ready to assist you in court, should it be needed, and by way of ADR methods such as mediation and collaborative law.