What is mediation and how does it fit in with litigation and collaborative law?
Denton, TX Family Law Attorney David S. Bouschor, II talks about the benefits of mediation and exactly what it entails.
Phone: (940) 323-1300
Mediation in Texas is used in both collaborative law and in a litigated divorce. Mediation is a process that can be done many different ways, but in Texas most of the time it is what we call a caucus mediation process. And a caucus mediation process is the parties are in two different rooms and you have a mediator go back and forth and try and bring the two parties together and get an overlap and get a settlement. Mediation is most useful when the parties are prepared. In other words, if you’re going to go through a divorce and you really haven’t figured out what property you have or what the character of that property is yet, mediation’s probably premature. In a collaborative law process, mediation is used when the parties have both gotten themself cornered, they can’t seem to figure out how to come up with a settlement, and you basically get a third party that comes in who’s collaboratively trained and a trained mediator and tries to come up with a settlement or a different idea that maybe they haven’t thought of.