Divorce can be one of the most challenging times for a family to go through. For those experiencing a divorce in Houston with heavy emotions involved, having an experienced and empathetic attorney on your side to guide you through the entire process is key. The role of mediation in high-conflict Houston divorces involves helping you and your spouse discuss sensitive topics without the need for a judge to be the one to make the final decisions.
Experienced Divorce Attorneys in Houston, TX
Founded in 2007, Stange Law Firm, PC, focuses solely on family law. Our firm was created to meet the growing demand for attorneys who concentrate exclusively on divorce and other family-related legal issues. We operate across multiple states, with our growing team helping to support clients with skilled legal guidance during difficult life transitions.
With Houston households having an average of 2.47 people per household as of 2023, divorces involving children are common. Trying to navigate child custody, property division, and support arrangements by yourself can become overwhelming quickly, especially if facing emotional pushback. We handle a full range of family law matters, and our attorneys are dedicated to helping represent each client.
What Is Mediation?
While Texas has one of the United States’ lowest divorce rates, the divorce rate in 2021 was still high at 1.4 per 1,000 people. Because of the emotional stress of high-conflict divorce, strategic legal planning is a necessary step to ensuring the most optimal outcome possible for your family’s future. Mediation can often be a helpful tool in these cases. In Texas, it can be requested by both spouses or ordered by the court.
Mediation is a process where a neutral person, the mediator, helps the divorcing couple reach agreements on the issues in their divorce. The mediator is usually a trained professional with extensive mediating experience and may have a background in law, social work, or conflict resolution. In high-conflict divorces, the advantages of mediation can include:
- Reduced escalation. Mediation helps prevent hostile confrontations that typically occur in courtrooms.
- Speedy resolution. Many mediated cases are resolved in weeks rather than months or years.
- Less expensive. Mediation often requires fewer billable hours than a case that involves a court hearing or trial.
- Privacy. Anything said during mediation is confidential unless child abuse or neglect is brought up.
Mediators generally lead meetings between the spouses and their individual attorneys, helping both sides negotiate. Having your attorney present can help with making sure your rights are protected and explained thoroughly to you, as well as help with decisions.
A mediated settlement agreement is a written agreement that both parties sign after successfully resolving their issues during mediation. This agreement is usually legally binding, and after submission to the court, both parties must follow the agreement. However, the court can refuse to approve a mediated agreement if it finds:
- One parent was a victim of domestic violence, which affected their ability to make decisions
- The agreement would allow someone with a record of abuse to live with or have unsupervised time with their child
- The agreement is not in the child’s best interest
Why Choose Us?
With years of experience representing clients in complex divorce proceedings, our team is committed to guiding individuals through every step of the legal process. Our attorneys have considerable knowledge of working with mediators during divorce cases and can help advise you on what to expect during your unique case.
Each case is approached with the compassion it deserves, and we never take shortcuts. Our legal strategies are built around the unique needs and goals of each client, ensuring a detailed and personalized plan. Clients at Stange Law Firm, PC, receive their attorney’s direct contact information and can expect timely responses as well as regular case updates through monthly status letters.
FAQs
Q: What Types of Issues Can Be Resolved in Mediation?
A: Mediation can resolve most issues related to divorce. This includes situations unique to your case, such as child custody, visitation, alimony, and property division. Mediation allows you both to have a say in the outcome rather than leaving the final say to a judge. Mediation is especially helpful in divorces with high conflict, since your mediator will have experience in conflict resolution.
Q: What Happens if I Don’t Want to Attend Court-Ordered Mediation?
A: In Texas, if the court orders that you attend mediation, you are generally required to participate. However, you may request to opt out if you have experienced domestic violence involving the other party. To do this, you must file a written objection with the court before the final mediation order is issued. If the court agrees with your concerns, it may cancel mediation or take steps to ensure your safety, such as separate rooms or virtual sessions.
Q: What Happens if We Can’t Agree During Mediation?
A: Even if not every topic can be solved through mediation, those that can help significantly reduce time spent in the courtroom and legal costs. For topics that cannot be agreed on during mediation, your case will proceed through the normal court process. This may include hearings, discovery, and possibly a trial where a judge makes the final decisions.
In Texas, courts often encourage continued efforts at settlement. Mediation is not legally binding unless the final agreement is signed.
Q: Who Pays for Mediation in a Divorce Case?
A: Typically, the cost of mediation is shared equally between spouses or assigned by a court order. If one spouse can’t or won’t pay their share of mediation costs, there are options to help reduce the financial burden. This can include negotiating a cost split based on financial ability, asking the court to allocate fees, or using low-cost community mediation services. An attorney can help navigate these options and push for a fair arrangement that fits your financial situation.
Contacting a Trusted Multi-State Firm
High-conflict divorces can become emotionally overwhelming and legally complex quickly. In Texas, courts encourage mediation as a tool to avoid prolonged disputes. Here at Stange Law Firm, PC, our attorneys help clients navigate these stressful cases so you can focus on you and your family’s well-being.
To discuss whether mediation is appropriate for your case or to develop a plan for handling ongoing conflict, contact us today. Our team works with families across Houston and the surrounding areas to help ensure the right outcome for your case.
