Mediation & Collaborative Divorce Attorney in Dallas, Texas

What are the advantages of mediation over going to trial?

More In This Category

View Transcript

00:05
mediation is a fantastic
00:08
asset to use whenever you can
00:11
most of the cases in texas or at least
00:14
in north texas
00:15
are going to have a requirement to go to
00:18
mediation
00:19
or you’re going to be limited in the
00:21
amount of time you have going to trial
00:23
the great thing about mediation is that
00:26
it is the one time
00:28
that you really have control over what
00:30
the outcome is
00:32
you’ve got you and your lawyer there
00:34
you’ve got the other party and their
00:35
lawyer there
00:36
and then you have the mediator uh who is
00:39
going to be
00:39
another family attorney a lot of the
00:42
time another board-certified family
00:44
lawyer
00:44
and on top of that a lot of times a
00:46
former judge who is going to be going
00:49
back and forth in assisting
00:51
with trying to get a resolution to the
00:54
case
00:55
that’s a whole lot better most of the
00:58
time
00:58
than taking it to a judge so you’ve got
01:01
some person wearing a black robe
01:03
that is going to make a decision on how
01:06
you divide
01:07
your marital estate if you can do it
01:10
it’s always going to be a better
01:13
situation to do that
01:15
in mediation because you can agree to
01:17
things in mediation
01:19
that frankly a judge can’t order

Dallas, TX family law attorney Mark Scroggins discusses the advantages of mediation over going to trial. He notes that mediation is an invaluable tool whenever possible. In Texas, particularly in North Texas, most cases are required to go through mediation, or parties face limits on the time available for trial.

The advantage of mediation is that it gives the parties real control over the outcome. His client and he sit in one room, the opposing party and their lawyer in another, while the mediator—often a board-certified family law attorney or a former judge—moves between the rooms to help facilitate a resolution.

He emphasizes that mediation is usually far preferable to leaving decisions to a judge in a courtroom. A judge in a black robe can only decide certain matters according to the law, but in mediation, the parties can negotiate and agree to outcomes that a judge might not be able to order, giving them greater flexibility and control over the resolution of their marital estate.

More Videos From This Lawyer