Offering Mediation Services To Resolve Disputes In Divorce
Most counties require the parties involved in divorce to attend mediation prior to commencing trial. In some cases, the Court requires the parties to attend mediation prior to ANY hearing before the judge. Mediation is a process where the parties and their attorneys meet with a neutral third party (mediator) to see if they can come to an agreement.
Attorney Hatamleh works as a mediator and also represents clients in mediation. Using mediation to come to agreements on parenting plans, child support, alimony and distributing marital property typically saves time and money while minimizing stress levels. His approach is to do extensive research and make sure than when the mediation starts, he has a very clear vision of the root causes of the dispute and a well thought-out strategy for reaching a mutually agreed-upon resolution. His experience working both as a mediator and as a client representative gives him great insights into how to make the process work for everyone. Attorney Hatamleh can also review agreements drafted in mediation to help you ensure that the final agreement is fair and in your best interests.
How Mediation Works
Usually, the mediator will have you and your attorney in one room and your spouse and spouse’s attorney in another room. The mediator will shuttle back and forth trying to understand the facts, conveying offers, and offering suggestions. If the case is settled at mediation, the mediated settlement agreement is irrevocable and binding and not subject to change. If a party signs off on a mediated settlement agreement and has regrets, they are still bound by the agreement.
When A Trial Becomes Necessary
The Court is obligated to follow the terms of the mediated settlement agreement and enforce said agreement (with narrow exceptions). If the case is not settled at mediation, the mediator can only write the Court a letter stating the parties reached an impasse.
If the parties cannot reach an agreement at mediation, the parties will have to go to trial. In Texas, you can request a Jury Trial or Bench Trial. A Bench Trial is held before the Judge (No Jury). The Judge will ultimately render a decision based on the testimony and evidence offered at trial. Everything that is said at mediation is confidential. Neither party can testify about what was offered or said at mediation at trial.