Divorcing your spouse won’t be easy. You’ll have to make multiple tough calls. The proceedings can take a toll on your mental and physical health. However, mediation is a friendly approach to help couples separate with less stress and effort. Contact Daniel Ogbeide Law, where you’ll find the best divorce mediation attorney to guide you through the process seamlessly.
Navigating a divorce can be a financially and emotionally draining process. It has multiple moving parts, each requiring customized dispute-resolution efforts. It’s even more challenging where issues like child custody, child support, alimony, and property division are involved.
If you wish to proceed with your decision to separate, consider the right method to resolve your case. Mediation and litigation are the two strategies to handle divorce or legal separation.
In our opinion, an impartial, third-party mediator can help you obtain a peaceful resolution without exhaustive and expensive court proceedings. It is especially beneficial if both parties wish to remain fair and reach a mutually beneficial outcome.
Partner with a trustworthy, experienced, and unbiased divorce mediation attorney in Houston, Texas, for expert and tailored advice on your case.
A divorce can be tricky, and litigating the divorce can be adversarial. Therefore, divorce mediation is a voluntary and neutral process to resolve disputes between separating couples. Mediation is, however, not suitable when the following may be in the picture:
Couples who wish to remain impartial may be good candidates. This conflict-resolution arrangement helps improve communication, foster cooperation, sort underlying issues, keep emotional tensions away, and avoid litigation.
Both parties work as a team to clarify all aspects of the case. When you seek the services of a Houston divorce mediation attorney, they can provide valuable insights on issues like separation, divorce, child support and visitation, alimony, spousal support, support for adult disabled children, debts, taxes, expenses for pets, and more.
However, it depends on your unique circumstances whether mediation is suitable for you or not and if you’d require litigation for a proper legal resolution.
Furthermore, all contested divorces in Texas or those involving contested custody and visitation issues are required to go through mediation before trial. Mandatory mediation comes with the clause that an attorney must represent both parties, and there’s no level of abuse in the relationship.
More and more separating couples are turning to mediation to quickly resolve their disputes. Mediation is a more effective, less draining, and less rigid alternative to courtroom proceedings. Here are a few reasons why mediation is a better solution than litigation:
Mediation isn’t only cost-effective; it is also a speedy process. Whether you are looking for a Houston mediation attorney for divorce, child custody, or for creating a practical and legally binding parenting plan, mediation resolves your issues much faster. You wouldn’t have to agree to the inconvenient court timings. Also, litigation can go on for longer, but mediation is a quick conflict-resolving procedure that can get your life on track within a few sessions.
The last thing you would want is to get stuck in endless fights and ugly situations. But divorce proceedings are all about. Things can go south, and litigation isn’t as easy as A-B-C. But with mediation, there is undoubtedly that peace of mind that you can go about the process with absolute ease. You simply require expert advice to bind all details together legally and separate.
Let’s face it – no matter how your relationship may be, kids suffer the most during a divorce. You would not want to expose them to a courtroom setting. In addition, there is a lot to see and do, and you need to make difficult choices. So, when you partner with an experienced mediation attorney in Houston, Texas, they can help simplify the process so kids are not part of any heated arguments or behaviors.
In litigation, your dispute will be resolved in court. It is a process that happens on public records. But when matters are settled out of court and through mediation, it is entirely confidential. Each session takes place in a private setting to help both parties reach the desired resolution unless agreed otherwise. Maintaining confidentiality in family matters preserves relationships, which is often missing when negotiating sentiments in court.
Mediation is often suitable for couples willing to reach a resolution in the most amicable manner. Thus, the specialist gives you proper support to do just that. A trained, neutral, third-party Houston mediation attorney engages with you, the conflicting party, and works towards a mutually acceptable and beneficial solution. They listen to your needs and goals, help weigh all pros and cons of the case, talk to both parties individually, and suggest the best recourse.
In mediation, your best interest is the primary focus, unlike in a lawsuit, where parties have less control over the dispute outcome. When your case goes to court, you lose control over the outcome, and winning (by hook or crook) is the ultimate aim. But you will be directly involved in the mediation procedure, and your wishes and demands will always be considered to determine the correct action plan.
Compared to litigation, where the jury or the judges have more control over the outcome, mediation gives you the power to decide the best for your future. Often separating couples only have procedural and interpersonal differences where legal interference might not be necessary. Therefore, a Houston mediation attorney can help you negotiate better, making gains and losses more predictable. You can tailor the settlement and attend to the finer details of the case.
The process of mediation isn’t as time-consuming as litigating a divorce. Most cases usually settle within three to six months, i.e., two to six sessions, each ranging from an hour to a few hours. But the precise timeline can vary. The process takes into account various factors to quickly reach the desired resolution. Some of these include:
Each detail of the case will be responsible for driving your costs, timelines, and outcome. So, do not let your emotions interfere with your decisions. Move towards sensible settlements by making empowered choices.
Generally, one party suggests mediation, and the other agrees if both wish to maintain cordiality. Even the court can order mediation if the case goes before the judge. So, the mediator basically helps facilitate negotiation, and here is a quick overview of the process:
Initial Consultation: The role of the mediator is to work in your best interests. When you schedule your first consultation, they discuss the case specifics with you along with your spouse. Take this as a case evaluation to understand whether or not mediation is the best way out, if your chosen attorney aligns with your vision, and understand a little about the way forward.
Presenting Your Views: Once you feel comfortable with the attorney and they seem to understand your goals and needs, you may proceed with the process. The mediator works to guide you to reach a realistic outcome, unlike in a lawsuit where the divorce lawyer represents you and argues on your behalf to win the best deal. Your Houston mediation attorney arranges every session based on the mutually decided time. Every session will have a specific agenda and address your issues one by one. So, you can present your views, and even the other party is free to respond.
Negotiations: You then initiate negotiations with a major focus on problem-solving. Work to sort the factual and legal aspects of the case, especially issues you believe should not be addressed in the courtroom but in a more informal and personal setting. Also, anything identified as a caucus will not be revealed to the other party until authorized to do so.
Resolution & Follow-Up: After reaching the desired outcome, both parties draft and sign an agreement. If you do not reach a resolution, the mediator keeps up with consistent follow-ups to help you get to a solution.
Mediator Can Be An Attorney: Mediation isn’t an alternative to litigation but supplements the process and acts as an additional method to resolve your dispute. A mediator can also be an attorney to bridge the gaps in your case. The ultimate aim is to encourage communication, understanding, and settlement, without the mediator deciding on the issues, but you can certainly seek help to come to an agreement.
What Would You Need? Keep your financial documents readily available, including bank statements, proof of all debts and accounts, assets, and retirement funds.
Remember that this isn’t the time to be disrespectful or overly emotional. You would want to keep the environment as calm and positive as possible.
When it comes to negotiations, do not argue. Let the mediator help you negotiate, as arguing is not going to help the case.
You can also speak to the mediator privately if you have concerns you would not want to share in front of your spouse. In addition, learn your rights and put your questions on the table for better clarity.
We coincide with your decision if you think mediation is the right way to complete your divorce. But you must remember that there is a catch to this dispute settlement method – mediation is for those separating couples who are ready to compromise to get past all obstacles.
If you are ready for a concession and have the right legal counsel by your side, it will help you get through the situation effectively. But the big question here is how you go about finding the right mediation assistance. Here’s how:
This is perhaps the primary factor to consider when hiring a mediator for your divorce case. They must be subject matter specialists. In addition, they must have proven successes in cases similar to yours to offer you the assurance that they can make things easy and straightforward for you.
The right mediation attorney must have adequate training in what you may be hiring them for, i.e., family law expertise and mediation services. Talk to them about the relevant training and certifications. It increases your chances of achieving fair and balanced outcomes most efficiently.
Make sure your chosen Houston mediation attorney is confident enough to manage the dynamics of a divorce. They must be able to communicate with both parties, and you two must be able to maintain respect and trust throughout the time. This means they must possess excellent interpersonal skills. If they are poised in their undertakings, that is a big green flag.
Often, mediators have a fixed formula to help their clients resolve their divorce disputes. But being open about your feelings and opinions helps you devise a personalized resolution plan with your attorney. If they seem rigid with their approaches, time to reconsider your choice.
The potential mediation attorney must also understand the financial part. Indeed, you will have a separate financial specialist representing your side of the case. But if your mediator has a good grip over money matters, they will also be able to determine whether the judgment fits your circumstances.
Filing for divorce (with kids and estate involved) can be a life-altering decision. You must know the Whats, Hows, and Whys of all the possibilities. You have the right to know your options and their pros and cons to judge your case better. If your attorney doesn’t show genuine interest in educating you, that is a red signal.
Someone who supports, respects, and understands the various aspects of mediation must not hesitate to answer your questions. But what questions you must be asking? Ask the mediator about their professional expertise in cases like yours, whether or not they’re trained in mediation, their success rate, what to expect, and so on.
Regardless of who is the breadwinner or who is raising the kids, your attorney must have a practical approach to help you reach a mutually beneficial outcome. They must have a clear plan of action and fair ground rules to defend your rights.
No matter how good a mediator they are, your case will go nowhere if they aren’t approachable and available. If they aren’t available to help you settle the specifics of your case, how else do you expect to reach a resolution? So, before agreeing to everything else, make sure you know they will be accessible, plus who will be working on your case throughout the time.
At Daniel Ogbeide Law, we have a team of trained divorce mediation attorneys who are experts in handling various aspects of family law. We provide separating couples with the needed guidance to have difficult conversations and get on the same page.
If you find yourself in a similar situation, the Daniel Ogbeide Law team can help you navigate these stressful times amicably and affordably without fighting an endless courtroom battle. When you partner with us, our professional attorneys can help you get back to your life as soon as possible while securing your future by setting up mediation.
Terminate your marriage the right way. Embark upon your new journey with the confidence and convenience you deserve. Request a consultation to understand our mediation services in houston – call us at (832) 345-1988 today to begin a resolution.