WHAT DOES DIVORCE MEDIATION INVOLVE?

WHAT DOES DIVORCE MEDIATION INVOLVE?

In Texas, divorce mediation is a confidential process where a neutral third person (the mediator) helps divorcing couples reach a divorce settlement. The mediator facilitates communication between the parties to promote settlement and understanding between them. Mediation addresses child custody, child support, visitation, spousal support, and property division. The mediator does not act as a judge, attorney, or financial advisor, but assists the spouses in reaching a voluntary agreement.

Denise French founded Divorce Strategies Group, LLC in 2014 and since that time we have continuously guided clients through the divorce and mediation process. We believe mediation is an excellent tool for divorcing couples, especially when there are contentious issues. Our goal is to help you reach a satisfactory agreement with your spouse, without having to endure a lengthy, costly trial. Save time! Save money! Get on with your life.

How Is Mediation Used in Texas Divorce Cases?

The goal of mediation is to work through all the issues of your estate and the issues with minor children. An attempt at mediation is strongly recommended and often even required in many Texas counties.  In mediation, you will most likely be in separate rooms while your mediator(s) walk in between the rooms. Sometimes, the parties will be in the same room, if they wish to be and it is productive.

Without minor children, expect to mediate for a half day. When minor children’s issues are involved, expect to spend an entire day in mediation. At the end of mediation if agreements have been reached a binding, legal document called a Mediated Settlement Agreement or MSA will be signed by everyone. This document is irrevocable and binds your agreements legally. The fight is, in essence, over at this point.  However the divorce process has not been completed at this time. The mediation document will then be given to an attorney and this will be the basis for a final divorce decree which will be drafted and used to finalize your divorce in court (or remotely through the court due to COVID-19).  The mediation document is usually 4 – 6 pages long while your actual divorce decree is 30 – 50 pages long.

Mediation makes your agreements binding and ends the negotiations. A binding mediation agreement can bring much peace and relief. It is also a tool to use to push your agreements through the court system as a judge cannot typically overturn a property drafted MSA.  Our goal is to mediate before you enter litigation.  Contact us when you decide to divorce, we will guide you through mediation.

Why Should I Use Mediation to Settle our Divorce Conflict?

  • Mediation is flexible – while we have a process we acknowledge every family and every divorce is different.
  • Mediation is future oriented – we are going to focus on where you are headed, not where you have been. Everyone in divorce has some type of pain or fear. We understand and we are happy to listen and help you heal. However, in mediation we will focus on the future.
  • Mediation has a high success rate – especially when both spouses are open to compromise
  • Your information is protected – mediation is confidential
  • You and your spouse are in control of the outcome – not a judge hearing only a small fraction of your life story

What sets our firm apart?

Our founder, Denise French, has been divorced herself and understands what you are going through! Her divorce was costly and long. Sadly, it was also damaging to her family, her finances and her children. She strives to help litigants avoid the heartache her family endured. This is personal for us.

Denise is not a lawyer. She is a financial expert in some cases and fully understands divorce finance in Texas.

Denise works alongside several family law attorney mediators. These mediators, along with Denise, will walk you through every aspect of your child issues and your financial issues to help you find a win-win solution for your family. Our partner attorney mediators are Denise Khoury of Guajardo, Khoury Family Law and Manny Caiati of Caiati Law & Mediation.

Denise is a Credentialed Advanced Mediator through the Texas Mediator Credentialing Association with hundreds of cases both as a mediator and as a financial expert in mediation.

The decisions you make in mediation will have lasting, lifelong ramifications for your children and/or your lifestyle and financial wellbeing. We have a proven, 7 step process which involves the help of a financial expert and a family lawyer – both of whom are also mediators. Together, this is a place where you can work through all the child custody issues as well as the financial issues without the fight in court and with proper guidance.

 Need more information about divorce and mediation? We invite you to contact our office for a complimentary consultation. We are here to help you in every way possible!

PATRIC McCALLUM

Mediator, Small Business General Counsel, Uncontested Divorce Attorney - Helping Texas Businesses and Property Owners, Appraisal Districts, and Divorcing Couples ?? Drew | McCallum PLLC in Houston, Texas

4 年

Big supporter of mediation - mediated thousands of cases - and Denise French, CVA, MAFF, CDFA, CRPC is a skilled and effective divorce mediator. #divorce better, smarter!

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