Document Actions
|
|
Linda Giles
Divorce Mediation Services of North Texas
P.O. Box 1836
Mansfield,
Texas
76063
Toll-Free: 800-372-3127 |
DIVORCE MEDIATION SERVICES OF NORTH TEXAS
Pure Form Family Law Mediators in the Dallas / Fort Worth Metroplex.
In ‘pure form” mediation one of our experienced mediators will facilitate the couple in achieving a fair and equitable divorce settlement agreement without the necessity of each party retaining individual legal counsel. The mediator will provide general information on how the courts might address particular issues, as well as, providing access to current law and how it applies to them.
Divorce Mediation Services of North Texas Goals
To maintain family relationships by resolving family disputes, achieving equitable property divisions, and reaching agreements on support and custody issues through mediation and thereby minimizing the detrimental effects of divorce on family relationships, as well as, on the family assets.
Lynn Brenner, Parade Magazine, March 28, 2004
“More than 40 % of American Marriages end in divorce, at a whopping average cost of $20,000 to $50,000 per couple in legal fees. But there is a much less expensive way to dissolve a marriage – a mediated divorce.”
FREQUENTLY ASKED QUESTIONS
What is Divorce Mediation?
If you are like most Americans, you have not heard of Divorce Mediation and have no idea what benefits mediation might have for you. Divorce mediation is a therapeutic process whereby a divorcing couple, with the assistance of a professional neutral mediator, work together to affect their own future through open clear communication to resolve specific issues such as child custody, visitation and support, and the division of family assets and which culminates in perfecting a settlement agreement that is consistent with the law and is deemed equitable and workable by the parties.
Divorce mediation is a flexible form of negotiation conducted in a relaxed environment in which the participants are directly involved in the decision making process by speaking directly with one another and with the mediator acting as a catalyst the parties identify disputed issues and find common ground on which to base mutually acceptable solutions.
How can mediation help me?
Divorce today is considered one of the greatest stressor that many individuals have to face in life, second only to death of their spouse or child. Adding to the stress of ending a relationship that was once thought of as ‘forever’ and the life changes that will ensue, is the adversarial (contested – one who fights against the other) divorce in which the emphasis is placed on ‘winning’ at all costs and often results in the total breakdown of all family relationships, the complete loss of family assets, and months to years of continual courtroom battles. Mediation will substantially reduce many of the detrimental effects on family members and their resources caused by the typical contested divorce
The traumatic effects of a contested divorce on family relationships are far reaching, well beyond today. Whether the couple have children or not, there are many family relationships that will be forever negatively effected.
Children of divorcing parents suffer considerably by the discord and conflict between their parents and often the children are used as tools to inflict pain or gain an edge on an adversarial spouse. Children virtually guarantee the spouses will be connected to one another in some manner for a lifetime, whether it is in celebrations of birthdays, graduations or weddings.
Divorce mediation encourages goodwill between the parties through their active participation with one another in the problem solving and decision making process that will determine their future and rather than being consumed with anger, resentment and hurt they can move forward accepting the past but focusing on the future.
Today the average cost of a contested divorce in Texas is nearly $18,000. In the adversarial system each spouse must retain an attorney and advance a retainer of $1,500 to $5,000 to their respective attorneys just to get the divorce started, then as the retainer is depleted more is required to continue with ongoing representation. The cost of a typical “pure form” mediated divorce is $1,000 to $5,000, including the preparation and filing of divorce pleadings, transfer documents, and finalization of the divorce.
After retaining legal counsel the contested divorce in the Dallas – Fort Worth Metroplex will take anywhere from months to years to become final depending upon the determination of the parties adversarial ‘win’ mindset. The pendency of the divorce is most directly related to the anger and hostility between the spouses. The more anger and hostility between the parties, the longer the divorce will take to become final. This is because most divorces are actually settled (terms agreed to) rather than determined by a trial and the more hostile and angry the spouses are the less likely they are to agree to anything. Eventually the parties get worn out or run out of assets to keep fighting and finally reach a settlement.
In a mediated divorce all of the pain, anguish, frustration, loss of time and loss of assets are greatly reduced. With the emphasis on goodwill and the spouses working together to solve mutual problems, a mediated divorce usually takes only weeks from the actual mediation to the finalization of the divorce.
What will a Mediated Divorce cost?
The cost of a mediated divorce will depend on the complexity of the issues such as the diversity of the assets and equitable division of the liabilities, the ability of the spouses to work together to resolve issues, the level of understanding each spouse brings to the table and the time expended on reaching a settlement agreement that is acceptable to both parties. Mediation cost is based on a per hour charge. Inasmuch as both parties share the cost of the professional mediator rather than each party retaining individual counsel, along with the efficiency of the mediation process, the cost of a mediated divorce is significantly less and then the adversarial divorce.
Why do I need a Mediator?
The divorce mediator will assist the parties to make fully informed decisions about the legal and financial options that are available. Additionally, the role of the mediator is to facilitate the resolution of issues between the parties at a time when emotions are running high and significant anger can forestall informed decisions. Your mediator will prepare all the necessary legal documents for execution by the court.
Will I need to hire an attorney?
It is not necessary to hire outside independent legal counsel; however, if you elect to retain independent counsel you may do so at any time and the mediator will assist your attorney while remaining impartial and advancing fair negotiations.
Will my settlement be better if I go to court?
Your settlement will be different. Rarely do divorce court litigants walk out
of the courtroom feeling that what they were awarded was fair. The terms used
in the Texas courts are not ‘fair’ but ‘just and right’.
Most often the litigants do not believe those words apply either. The next step
in the divorce process then is either an appeal of the judge’s decision
or ongoing legal battles for years to come on any conceivable issue.
Mediation offers the parties the option of deciding their own future by preparation
of a settlement agreement that both parties believe is fair and workable. Rarely
do parties that have decided their own destiny through mediation engage in the
years of court battles that are seen in the parties that thought they were going
to get a better deal in court.
What risks do I face with a mediated divorce?
Mediation is a completely voluntary process. You will not give up any of your legal rights and you are free to leave the mediation process, retain counsel and proceed in the adversarial arena if you wish. Divorce mediation is completely confidential and any information discussed during the mediation is privileged; therefore if the divorce becomes a contested matter nothing that transpired during the mediation sessions can be used in the divorce litigation.
When is the best time to start divorce mediation?
The best time to approach divorce mediation is just after the parties have decided to divorce and prior to retaining individual counsel. Once the attorneys are retained and the filing process begins, generally speaking, so does the anger and hostility that is so detrimental to peaceful resolution of the issues. Mediation can and is used after the initiation of divorce action. Often mediation is ordered by the trial court when all else has failed to bring about a settlement; however, at this point considerable hostility and anger have built up, as well as, considerable valuable assets have been expended needlessly.
