Mediation is a beneficial tool for most family law cases.
- Resolving a case through mediation is more economical and less stressful than having the case decided by a Judge.
- Most successful mediations, including those mediations in divorce cases with contested property issues and children, take place over a period of one day or less.
- During mediation, the parties are not required to negotiate face to face or ever be in the same room with each other. The mediator serves as the buffer between the parties and is the conduit for settlement options/ideas.
- Mediations can take place in person, with each party and their counsel being in a different room than the opposing party and their counsel or they can take place over Zoom, using the same process with virtual rooms. Zoom mediation is especially helpful when one or both of the parties to a case live some distance from where their court case is filed.
- Agreements worked out in mediation suit the family’s specific needs, rather than being mandated by a Judge who does not know you or your family and only knows the facts of a case that are told to them in the short time that you appear before them in court.
- When a case is decided by a Judge, the Judge is bound by certain rules of law and typically applies a “cookie cutter” method to child support issues, possession schedules and the rules by which parents will make important decisions for their children post-separation/divorce. In mediation, there are numerous creative ways to approach post-separation/divorce life with children that do not involve a one size fits all approach.
- Mediation is a private, confidential process, unlike going to court.
- The majority of cases, approximately 90%, that go through mediation are settled without the stress of a court hearing.
- Cases resolved by mediation are resolved in less time than those cases that go to court to be resolved by a Judge.
Travis County, Williamson County and Hays County all have rules requiring mediation for most family law cases prior to a final hearing.
Carolyn Collins is a strong advocate for the mediation process and a trained mediator.