What Is Mediation?
Mediation is a less hostile and more collaborative approach to resolving a legal dispute here in Texas. Couples, judges and lawyers in Killeen and Temple are increasingly using it as an alternative to courtroom litigation. It is also particularly well-suited to issues involving family law where a sense of cooperation is often helpful for a family to move forward in a positive way.
At Young & Libersky, we believe that mediation is effective for conflict resolution as modifications to previous agreements. Barbara Young and Lynn Libersky have a combined 35 years of experience in family law and working in the courtroom, yet we firmly believe in this increasingly popular approach of divorce mediation because it avoids the stress of a courtroom battle in front of children, and it is less expensive than litigation. It also allows the parties to stay in control of their solutions instead of turning decisions over to a judge and jury.
How Mediation Works
A trained mediator is a neutral third-party lawyer whose goal is to foster communication between the parties and their attorneys. It can be binding or nonbinding; but generally speaking, the tone is constructive and civil rather than combative. It may even be used as a precursor to trial to resolve as many issues as possible to speed up the trial process.
If you want to mediate a dispute, it is a good idea to set some goals for the process that are put in a contract. These include:
- Parties agree on who will conduct mediation and how they will be paid. Usually the cost is split.
- Parties agree to mediate in good faith and try to the best of their ability to find an agreeable middle ground.
- Parties agree on whether it is binding or nonbinding.
- Parties agree on how long the mediation will go on.
Each legal case is unique, and mediation does not work under all circumstances.