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Is Mediation a Good Option for a Family Law Dispute in Texas?

02/08/24

Going through a family dispute is never easy. It can be stressful, confusing, and overwhelming. Whether it is a divorce, a custody dispute, or a child support battle, there may be options for resolving the matter outside of court. Mediation is often a great choice for family law. In this article, our San Antonio family law attorney explains why mediation can be a good option for these cases.

What is Mediation?

Under Texas law (Texas Civil Practice and Remedies Code Sec. 154.023), mediation is defined as a “forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding.” It is a confidential, non-adversarial, and less formal dispute resolution process. Parties entering mediation—whether for a divorce, a child custody case, or another matter—can and should be represented by their attorney. Notably, mediation is also not binding in family cases in Texas.

Why Mediation Can Be a Good Option to Resolve a Family Law Dispute

Mediation is often considered to be a great option for family law cases. Indeed, even in some relatively high-conflict cases, mediation can still work to help parties get the best results. Here are four of the most notable benefits of using mediation for a family law case in Texas:

  • Non-Adversarial: One of the major advantages of mediation in family law disputes is its non-adversarial nature. Unlike traditional litigation, mediation is collaborative. Both parties try to work together with a neutral mediator to reach a solution. Conflict and hostility can be de-emphasized, and family relationships can be preserved.
  • Flexible Process: Mediation offers flexibility that court proceedings do not. It allows both parties to have a say in how the process works and when meetings are scheduled. The actual process itself is also very flexible. In some cases, both parties stay in the room during most of the mediation. In other cases, the parties may separate frequently.
  • Cost-Effective: Unfortunately, family litigation has the potential to be quite expensive. It is another area where mediation can make a big difference. It has the potential to save the parties a lot of money. With fewer formalities, mediation is often dramatically less costly than traditional litigation.
  • Save Time: The litigation of a divorce, a child custody case, or another family law matter could take more than a year. Indeed, these cases often take more than a year to be resolved through litigation. In contrast, mediation can save a lot of time. The parties involved have more control over the process, they can work towards a resolution at their own pace.

Contact Our San Antonio Family Law Attorney Today

At Hoelscher Gebbia Cepeda, PLLC, our San Antonio family lawyer has extensive experience assisting clients in mediation. Have questions about mediation? We are more than ready to help. Contact us today to set up your confidential, no-commitment initial consultation. From our San Antonio law office, we provide family mediation representation throughout the region.