Navigating Divorce Mediation in Texas

Divorce can be challenging, but mediation offers a more civil and efficient path compared to litigation. By allowing you to negotiate and compromise, mediation enables you to make crucial decisions rather than leaving them to a judge.

MEDIATION WITH AND WITHOUT ATTORNEYS

Many mediators will only work with lawyers. Mr. Hiller works with you with or without attorneys. Ideally, mediation without lawyers is done 2 hours at a time, but it can be done in half-day or full-day sessions.

Understanding Divorce Mediation

Divorce mediation helps couples work through their separation without court intervention. Key issues addressed include:

  • Child custody and parenting plans
  • Child support
  • Spousal maintenance
  • Division of assets and debts

While typically less expensive and more participatory than litigation, mediation agreements must be reviewed and approved by a family court judge to be enforceable.

Who Benefits from Mediation?

Mediation is ideal for couples who:

  • Are agreeable and open to the process
  • Communicate effectively
  • Are transparent about their assets

However, mediation is not suitable in cases of emotional or financial abuse or domestic violence.

Role of Attorneys in Mediation

Attorneys can represent clients during mediation, speaking on their behalf, presenting evidence, and negotiating. Lawyers can also serve as neutral mediators, facilitating discussions without representing either party's interests.

Private vs. Court-Ordered Mediation

Couples may voluntarily enter mediation, sharing the costs of a mutually agreed-upon mediator. Alternatively, court-ordered mediation may be required, potentially at a reduced rate, but with less control over the mediator and logistics.

Issues Addressed in Mediation

Child Custody & Parenting Plans

Mediation allows parents to create custody and parenting plans, detailing legal and physical custody arrangements.

Child Support

Factors considered in child support calculations include:

  • Number of children
  • Insurance and childcare costs
  • Parental income
  • Time spent with each parent
  • Special needs of the children

Asset and Debt Division

Mediation helps couples agree on the division of marital assets and debts. Marital property includes assets acquired during the marriage, such as homes, vehicles, and bank accounts. Debt division covers obligations like mortgages, credit cards, and car loans.

Pros and Cons of Divorce Mediation

Pros

  • Facilitates negotiations and keeps discussions on track
  • Allows couples to control the outcome
  • Reduces costs compared to litigation
  • Resolves divorce faster
  • Minimizes bitterness, promoting a more positive post-divorce relationship

Cons

  • Mediation costs money
  • Not suitable for all situations, especially those involving abuse
  • Mediators cannot provide legal advice

Specialized Training and Experience

Michael Hiller has been Board Certified in Family Law by the Texas Board of Legal Specialization since 1998, this knowledge and experience helps you in mediation.

Contact a Mediator in Austin Today

At Hiller Law, we offer mediation services via Zoom. Schedule your mediation here or call us at (512) 360-9100 for Austin or (713) 784-9500 for Houston.

 Please click here to schedule your mediation, or call 512-360-9100 for the Austin area or 713-784-9500 for the Houston area.