Mediation provides divorcing couples the opportunity to renegotiate existing agreements or resolve disagreements outside the court process. Through mediation, the individuals may create their own agreement to settle their case. Indeed, most cases do settle when the parties mediate their disagreements. However, the divorcing individuals have the choice whether to settle their case or not. As a mediator, I help divorcing clients to communicate in a way that promotes settlement, understanding, and reconciliation as they create their own agreement, rather than have a judge decide their case. This is especially important if they will be continuing to be involved with one another as co-parents for children or business partners. In this process, I provide the involved parties with all decision-making power. Clients are encouraged to consider their best interests, as well as the results that they would like to create in mediation. Many divorcing couples who contact me for help in negotiating the terms of their divorce ask me if I think that it is necessary to have legal representation.
Because it is not legal or appropriate for me to pass any type of judgement or provide legal or expert advice, I feel that divorce mediation is only ethical for couples that are either aware of Texas laws or who have legal guidance. Without sufficient information about the best alternative to negotiated agreement (BATNA), there is a risk that individuals will not be able to adequately advocate for themselves. In the interest of educated choices and equitable agreements, I always encourage couples to consult a collaborative lawyer, or to seek advice from lawyers individually. Attorney representation is not necessary, but the presence of a lawyer or lawyers during my mediation sessions is encouraged. I recommend having mediated Memorandums of Understanding reviewed by individual legal counsel prior to your signing the agreement. In practice, it works best for mediating parties to obtain one to four hours of individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by legal counsel’s review of a near-final draft Agreement, and by counsel’s review of the final Agreement. This level of consultation dramatically elevates clients’ comfort and confidence in the final agreement. This is especially important if children are involved, or if they are working to extricate from any particularly complicated business and personal involvements.
With my stance on the importance of obtaining sufficient legal support made clear, there are a number of resources available to couples wishing to represent themselves in the divorce process (Pro Se Litigants). The following information is intended to assist parties to comfortably, confidently, and effectively represent themselves in mediation.
INSTRUCTIONS FOR TRAVIS COUNTY, TEXAS PRO SE LITIGANTS IN DIVORCE
PRO SE DIVORCE HANDBOOK: REPRESENTING YOURSELF IN FAMILY COURT
Produced As A Public Service By The Texas Young Lawyers Association 2002-2003
This informative handbook provides information for those representing themselves in a simple
(uncontested) divorce, along with discussions about division of marital property and issues
concerning children.
WHAT TO EXPECT IN A TEXAS FAMILY LAW COURT
Produced As A Public Service By The Texas Young Lawyers Association
Navigating your way through a family law case can be confusing during what is often a stressful
and emotional time in your life. Not knowing what to expect can make it even harder.
This handout is intended to help you understand what you can expect when you have a case in
Texas family law court.
DO-IT-YOURSELF COURT FORMS FREE
Click the above link to access free forms from The Travis County Law Library. The Library is developing new forms for the web site all the time. If a form is not on this site, you can visit them in the Travis County Courthouse. You may copy any forms in the Law Library for 20 cents per page.
TEXAS DIVORCE WORKSHEET AND LAW SUMMARY FOR CONTESTED OR UNCONTESTED CASES
For under $25, this Divorce Worksheet and Law Summary for Contested or Uncontested Cases is a package that contains the following: information about divorce in general, definitions, visitation, child support, child custody as well as other matters. Worksheets are also included that include detail information and financial forms. Ideal for a client interview/information form, or for you to complete prior to an interview with an attorney. This package is also ideal for you to read and complete before attempting your own divorce.
ONLINE FREE DIVORCE CALCULATORS:
FREE ALIMONY RECAPTURE CALCULATOR
FREE MONTHLY PAYMENT CALCULATOR
FREE ALIMONY BUY-OUT CALCULATOR
