There are several reasons why marriages break down. It’s pretty surprising how quarrelsome a divorce can become when a married couple makes the decision to end their marriage. Some of the smallest issues that could be quickly resolved can turn into costly and time-consuming legal battles. Some couples lose all civility and go to war with each other. Some people may find themselves spending too much emotional energy just trying to get through the divorce as quickly as possible.
Sometimes all this ugliness can be avoided. Austin family law mediation is available as an option for divorcing couples that wish to avoid a lengthy courtroom confrontation. Complicated issues like child custody and property division are what often prevent the couples from being able to find such an agreement between each another.
Austin Family Law Mediation Can Save You Time and Money
Austin Divorce Mediation offers couples a form of alternative dispute resolution in front of a neutral third party. This divorce mediator directs and facilitates conversations of disputed divorce matters in an attempt to resolve disputes and avoid the necessity of a potentially messy trial. The divorce mediator does not represent either party and has no opinion or interest in the dispute or its outcome.
This option allows parties to exchange proposals with one another until they can hopefully find a solution that works for all sides. Mediation allows the couples to focus on the actual issues. By doing this they are able to develop creative solutions to get around any differences they may have.
In almost every divorce trial some type of uncertainty arises that can take divorcing spouses by surprise. However, that possibility goes away if the couple is able to come to an agreement during mediation. If the divorce goes to trial, there’s always the chance that the judge may order a child custody or property division agreement that could negatively effect one or both of the spouses.
Possibly Resolve Issues Without Conflict
Agreements made between the parties during Austin divorce mediation are much less likely to lead to problems in the future. Mediation encourages spouses to work with one another to try to ensure that each one will be able to spend as much time with the children as possible. Each spouse gets to list what is most important to him or her, and can then try to divide assets fairly.
Mediation allows parties involved in a divorce, child custody dispute or other contested family law matter to obtain an effective resolution to their case without the time and additional cost of a messy drawn out divorce litigation.
Austin Family Law Mediation Services
Newberry Law is pleased to offer Austin family law mediation services to attorneys and their clients involved in a divorce, child custody or other contested family law matter.
Family Law Attorney Joe Newberry is a trained mediator and is available for Austin Divorce Mediation. Joe is able to share his diverse experience as a board certified family law lawyer to assist other Austin divorce attorneys and their clients reach mutually agreeable resolutions.
As an Austin divorce lawyer, Joe Newberry has always considered mediation a valuable tool for resolving his client’s disputes. As a mediator, Joe goes the extra mile to facilitate communication between the parties and drive the process of dispute resolution forward in the most efficient and effective manner possible.
If mediation does not resolve the differences, the divorce will more than likely move into the courtroom, where anything can happen. During a divorce emotions can get the best of the disputing couple making things more difficult. Divorcing spouses may prove to make things more difficult in court, which opens up the possibility that neither side will be happy with the outcome.
Newberry Law Offers Family Law Mediation Services In Austin
If you are thinking of filing for divorce, it’s imperative that you speak to an experienced, board certified family law attorney about all the options that may be available in your unique situation. Having a better understanding about your choices allows you and your family to emerge from your divorce focused on finding the most successful path for the future.
Call us at 512-320-8200 to arrange a confidential consultation with our Austin divorce lawyer, Joe Newberry.
Divorce Mediation FAQs
What is Family Law Mediation?
Family law mediation is a possible alternative to divorce litigation, where a couple in dispute voluntarily participates in a joint effort to reach a fair settlement. The mediator is a neutral third party that facilitates the communication between the divorcing couple. The object is to address the roadblocks to resolution, and help the couple come up with a settlement that all the parties can agree on.
Why Should One Choose Mediation over Litigation?
One should choose mediation over litigation in a divorce case for several reasons:
- Control over the outcome: Mediation allows you and your spouse to have full control over the outcome of your divorce case. Instead of leaving the decision-making to attorneys and a judge, you both actively participate in finding solutions that work best for your unique circumstances.
- Cost-effectiveness: Litigating a divorce can be expensive. Attorney fees, court costs, expert witness fees, and other expenses can quickly add up. On the other hand, the costs associated with mediation are generally lower, making it a more affordable option for couples seeking to dissolve their marriage.
- Reduced animosity: The collaborative nature of mediation helps minimize conflict and promotes a more cooperative environment. Unlike litigation, which often fuels animosity and pits spouses against each other, mediation encourages open communication, understanding, and compromise. This creates a more positive atmosphere for negotiating and finding mutually agreeable solutions.
- Emotional well-being: Divorce can be emotionally challenging for everyone involved, especially children. Mediation focuses on finding solutions that benefit both spouses and prioritizes the best interests of any children involved. By avoiding the hostility often associated with litigation, mediation can help preserve relationships and allow for healthier communication moving forward.
- Timely resolution: Divorce litigation can be a lengthy and time-consuming process that may drag on for months or even years. This can leave individuals feeling stuck and prevent them from moving on with their lives. Mediation, however, typically results in a faster resolution, allowing both parties to move forward and start rebuilding their lives sooner.
In summary, choosing mediation over litigation in a divorce case provides greater control, cost savings, reduced animosity, improved emotional well-being, and a faster resolution. These factors make mediation an attractive option for those seeking a more amicable and efficient way to navigate the challenges of divorce.
Why is Mediation Typically More Effective?
Mediation allows you to fully discuss an issue before you agree on it. You can try out possible agreements before the judge makes the divorce final. It’s an opportunity to learn to communicate better, which makes new and old issues less likely to turn into arguments, or even worse, long hours in a courtroom. You can take time in between each session to think about whether or not a proposed solution makes sense.
Why is Mediation More Cost-Effective?
Family law mediation can be faster and more direct. We find that most people come to mediation willing to work on the issues and really want to learn how to communicate better with their soon to be ex-spouse. Resolving a case in mediation is almost always cheaper than taking it to trial. Mediation allows you speak with each other about your goals and issues through the mediator, rather than speaking through your Austin divorce lawyers.
Plus, your Austin family lawyer isn’t spending hours in court waiting for the judge to be free to hear your trial or billing for endless back-and-forth phone calls and emails about the smallest details of your case.
How Does Mediation Differ from Arbitration?
In mediation the divorcing spouses have more control of their future. Mediators aren’t decision makers but will help parties to reach agreements. However, mediators do not impose or dictate a settlement.
Do Mediators Receive a Percentage of the Settlement?
No. Most mediators charge an hourly fee. The mediator’s fee can be paid by one or both parties, depending on what the spouses agree to. Some mediators will charge a fixed fee rate.
If We Reach a Settlement, is it Legally Binding?
Yes. Either the mediation will close with a signed agreement or the couple’s Austin divorce lawyers will commit to ending the lawsuit with a formal settlement and release agreement.
What if an Agreement Can’t be Reached?
At this point the parties have exhausted all efforts to avoid litigation and it’s time to go to court. The mediation process you and your spouse have gone through remains confidential and your mediator cannot be called to testify in court.
