Mediation is an alternative to Litigation
In Texas Family Law Cases mediation is a process wherein the parties will usually work with a neutral third-party attorney, who in family law cases is usually a trained mediator and family lawyer.
The purpose of mediation is to assist the parties in reaching an agreement with regard to all of the issues in their case, whether that be property division, division of debt, and/or parent-child issues, to name a few…
The mediator acts as a referee, and does not decide the issues for the parties. In fact, the mediator has no power to force the parties to accept a settlement. That power is reserved for the family court judge who will decide your case if you can’t reach an agreement at mediation or otherwise.
Because the mediator is impartial he/she is tasked with the responsibility of assisting the parties in reaching an agreement that meets the needs of both parties and if at issue, the children.
A good mediator will help the parties see the issues clearly and consider reasonable solutions, despite the emotion that often accompanies family law cases.
Mediation Allows For A More Detailed Agreement
Mediation in Texas provides the parties with a less formal environment than would be afforded in a contested hearing or at trial. It also allows the parties to agree on settlement terms which are much more specific than what they would obtain from a Judge as part of a ruling in a divorce or family law case at trial.
In other words, at mediation you have the control to decide the outcome of your case, while at trial the Judge decides the outcome of your case, whether you like it or not.
Mediation Provides for Confidential Negotiations
Another benefit of mediation is that statements made and information shared at mediation are confidential (with a few exceptions), and cannot later be used against either party at trial.
Mediation Can Make Your Case More Cost Effective
In some cases, mediation is thought to be the least costly way of resolving a matter, short of the parties reaching an agreement without the need for mediation. While mediation is not free, and the parties will have to incur the cost of hiring the mediator and paying attorney’s fees, it is generally less costly then preparing for and attending trial and provides the parties piece of mind and assurance that their agreement will be enforceable and not subject to revocation by the other party.
Mediation Preparation and Experience Makes for Greater Success
In Texas family law mediation (i.e. divorce, parentage ) each party usually attends mediation with his/her attorney.
In order to be successful at mediation you need to be well prepared and you need a local Williamson and Travis County, Texas lawyer with experience mediating family law cases in your locale. If your attorney is not prepared or lacks the experience to negotiate on your behalf you are not likely to achieve a successful outcome.
Negotiating is a skill which is acquired by attorneys by experience and over time, and the benefits of this experience are on full display during the mediation process.
Mr. McCarty has extensive experience representing clients at mediation in Williamson County and Travis County, and is well versed in each step of the mediation process. Mr. McCarty understands that preparation is the key to achieving success for his Williamson and Travis County clients. Mr. McCarty works with each client before mediation to ensure that his client is prepared and will be able to take full advantage of the process.
Because the mediation process is complex it is best to hire an experienced local lawyer to assist you. With over 15 years of experience handling family law cases and successfully mediating cases in Williamson and Travis County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.
If you want an experienced mediation attorney and family lawyer on your side at mediation then contact the Williamson and Travis County, Texas Law Office of Kelly R. McCarty today at (512) 472-0606 to schedule an appointment