Rockport Mediation Lawyer Providing Quality Mediation Services and Advice for Clients in Texas
One of the most common methods used to resolve a dispute without resorting to litigation is mediation. Agreements that are produced as a result of mediation meetings tend to require less time and money and cause less emotional distress than a long-winded courtroom battle. Learn how mediation works and why it may be beneficial for your case, and see how a mediation attorney can help.
What is Mediation and How Does It Work?
Mediation is one of many types of Alternative Dispute Resolution (ADR). When two parties are unable to reach an agreement on their own using negotiation, they may resort to mediation before taking their case into the courtroom.
Mediation requires both parties to meet in a less formal setting to go over their differences with the help of a neutral person (called a mediator). The mediator’s role is to promote conversation and cooperation between the two parties in a fair and impartial manner. Rather than inserting their own opinions about which side is right, the mediator simply employs tools that help the opposing parties come to an agreement. Mediation usually only works when the parties are open to compromising and working together to settle their differences. If one party remains completely inflexible and is not open to negotiating, mediation may not be effective.
Can Mediation Be Beneficial for a Divorce Process?
A litigated divorce can drag on for months, sometimes years, and cause unlimited amounts of stress and headaches, not to mention the financial impact and the negative impact it can have on a family and on other aspects of a person’s life. For those reasons, many spouses facing divorce find it beneficial to try and resolve their differences using mediation before resorting to traditional litigation.
Mediation tends to focus on cooperation rather than confrontation, making it easier for both sides to work together to reach an agreement. This often means the process goes smoother and is less emotionally draining than a courtroom battle. A successful mediation process can generate an agreement in a matter of weeks, which is much less time than required for a litigated divorce. In practical terms, a long, difficult courtroom battle can have a deep financial and emotional impact on all parties involved. It is hard to concentrate at work or enjoy a quiet day when you are constantly worried or thinking about your divorce. It can be rather upsetting for children to have to appear in court and be exposed to a confrontational environment, and in addition to that, everything that you discuss in the courtroom is now public access. Mediation allows you to keep your matters private, reduce confrontation and minimize your children’s exposure to the entire process.
Can I Still Sue If I Choose Mediation?
While it is true that not all cases that go through mediation are successful, many people feel nervous or hesitant to accept going through mediation because they believe that they are giving up their right to pursue litigation by doing so. This, however, could not be further from the truth.
Mediation is simply an alternate route to resolve a conflict. It gives the opposing parties a chance to settle their differences and agree on all pending issues without fighting it out in court, allowing them to reach an agreement in less time and requiring fewer financial resources. The mediator does not act like a judge but is more of a facilitator and cannot make legally-binding decisions on any aspect of the case. If, after the mediation process, the parties cannot reach an agreement, they have the choice of taking their case to the courtroom and going through traditional litigation.
What Can You Expect During Mediation?
Mediation is a process that may look different for each case, depending on the degree of hostility between the parties participating in the mediation and the mediator’s personal style. A typical mediation process can take a few weeks and begins with a meeting that brings both parties in the same room, with or without their attorneys present.
The mediator may start by laying the ground rules for each meeting and then giving each party a chance to speak. The meeting continues with the mediator helping conduct negotiations while remaining neutral. Each party may give an opening statement, and each of their problems is discussed one at a time. In some cases, the mediator may choose to have separate meetings with each party before moving on to a joint session. Once the parties have worked out solutions for all of their issues, a final agreement is written. Once the parties sign the agreement, it is considered legally binding and can be integrated into their final divorce orders.
Why Is It Important to Work With a Mediation Attorney?
When you are facing a potential conflict or have initiated your divorce process, being able to rely on a knowledgeable, skilled ally that can help you protect your rights is extremely important. Even if your case does not go to trial, having a seasoned mediation attorney on your side can make all the difference for you and help the entire process go smoothly.
Attorney S. Dylan Pearcy and the legal team at the Law Offices of S. Dylan Pearcy have worked countless hours helping clients in Rockport, TX resolve conflicts and reach a favorable agreement through mediation. When you choose to work with our firm, you can expect to always receive quality legal services and advice to resolve your case in the most efficient way possible, whether that means going through mediation or taking your case to trial. Contact our Rockport office by calling (361) 203-7097 to see how we can help.