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The Perrone Law Firm, PLLC

How Mediation Can Help You Avoid A Lengthy Court Battle In A Texas Custody Dispute

Mediator resolving conflict, dispute, and problem blocks in a Texas custody case.

In this article, you will discover:

  • How mediation works in Hunt County, Texas child custody cases.
  • The benefits of the mediation process.
  • What happens if one party doesn’t cooperate in mediation.

How Is Child Custody Mediation Initiated In Texas?

A court order is not generally required to appoint a mediator in Texas courts. However, if the parties cannot agree to mediation, one party can request that the court order the appointment to take place before a final hearing.

Additionally, if an agreement cannot be reached, the court may need to appoint a particular mediator or allocate mediation costs between the parties.

The most efficient course of action is for the parties’ attorneys to select a mediator and schedule a day and time that works for all counsel and the litigants. In Texas, the outcome of mediation is legally binding in almost all circumstances.

How Does Mediation Reduce Legal Costs And Save Time?

Mediation is cost-effective in many ways. If there is an agreement reached at mediation to resolve all matters being litigated, it eliminates the costs of a trial. Those costs would include attorneys’ fees related to preparing for and attending the trial. Mediation may also eliminate the need for and expense of experts testifying at trial. Finally, mediation can usually be held in a quicker timeframe than a jury trial, meaning a resolution between the parties can be reached sooner.

What Are The Emotional Benefits Of Family Mediation For Parents And Children?

In mediation, nothing is left to chance. You and the other parent, rather than the Court, ultimately decide whether to settle your litigation through an agreement. You will likely have to compromise and may not receive all the relief you initially sought. However, when mediation is successful, you already know the outcome of the case.

In a trial, the outcome is left up to the judge or jury. While both you and the other parent have the opportunity to present your evidence, the court or jury makes the final decision. Leaving very significant family decisions up to a third party can feel risky and undermines some of the control a litigant can have in the decision-making process.

What If The Other Parent Refuses To Cooperate In Mediation?

Mediators may file reports with the court indicating the other parent’s failure to attend mediation or negotiate in good faith. In that event, your attorney may request the court to compel a subsequent mediation session and award you legal fees and contempt costs.

How Does Mediation Preserve Family Relationships?

A trial is fraught with emotion and disagreement. A courtroom battle often forces you, in a sense, to say the worst things about the other parent to achieve a particular result. Once the mudslinging is over and the court rules, it can feel impossible to move forward and put that acrimony behind you because of lingering resentment, anger, and even distrust. A collaborative settlement process, such as mediation, can avoid that.

Still Have Questions? Ready To Get Started?

For more information on how mediation can help avoid a court battle in a Texas custody dispute, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.