Frequently Asked Questions
Re Divorce Mediation

What is "mediation"?
Mediation is a structured settlement conference where a person acts as a neutral go-between to bridge communication gaps between parties in a lawsuit. Mediators are trained in techniques proven to facilitate resolution of disputes.

How does it work?
If you ask five different mediators how to mediate a divorce case, you will likely hear five different answers. There are several "models" for mediating a divorce case in Texas.

In one model, sometimes called the "legal model" or the "analytical model", the parties and their attorneys appear at the mediator's office. The mediator convenes a "joint session", involving all parties and their attorneys. At this joint session, the mediator explains the mediation process and the parties and their attorneys describe the issues in the case. After this initial "joint session" the mediator will usually separate the parties, and "caucus" with each side for an undetermined length of time. These caucuses usually continue until the case is settled or an impasse is declared. Mediation in this model is scheduled for half day and full day sessions.

In the second model, sometimes called the "therapeutic model", the parties attend mediation without their attorneys. Caucusing is not used. Multiple sessions of an hour or 2 are common. Relatively amicable couples may utilize this form of mediation before the legal process becomes litigious.

In the third model, which is a variation of the legal model, the parties with or without their attorneys, meet at the mediators office. The mediator puts them in separate rooms, which is where they stay for the remainder of the mediation.

For years I have heard mediators argue among themselves that one model is better than another. In my opinion, the case should determine the process, rather than vice versa. If the parties have attorneys, I let them decide how to best proceed. If the parties do not have attorneys, I explain their options to them and let them decide. If one party is uncomfortable being in the same room with the other, I put them in separate rooms. They may stay in separate rooms or meet together in the same room later in the process. Regardless, I believe that the parties, rather than the mediator, should decide on how the process will work.

How much does mediation cost?
I offer prospective mediation clients three fee arrangements: (a) pay by the hour, (b) flat fee for half a day (four hours), or (c) flat fee for whole day (eight hours, including lunch). For current rates, please call my office at 214-692-1888.

Does it work?
Yes. While statistics vary, everyone agrees that mediation is effective in resolving divorce cases. In my experience, after mediating approximately 200 divorce cases, I have found that most cases settle after around 8-10 hours of mediation. In other words, if the parties come to mediation with sufficient information to negotiate intelligently, they will settle their case that day.

What are the advantages of mediation?

1. Mediation empowers the parties to formulate their own solution to their dispute.
2. Mediators are usually more accessible than judges.
3. Mediation, if successful, will terminate the dispute. Resolving a dispute by trial may lead to an appeal.
4. Cases resolved in mediation usually result in lower attorneys' fees. A journalist recently reported in the ABA Journal that lawyers generally charge $20,000 and up for resolving a divorce case resolved through litigation and rarely more than $10,000 for resolving a case through mediation. I see a lot of cases where the lawyers charge more than $10,000, but, generally, I doubt that any divorce lawyer would disagree with the proposition that mediation reduces litigation costs.
5. Unlike court proceedings, mediation is confidential.

When Should Mediation Be Utilized?
If you and your spouse have a simple estate and no children; or, if you have a simple estate and no dispute about who will have custody of the children and how parenting will be shared after divorce, you do not need a mediator. If, however, there are disputes or complexities about your divorce, you should consider employing a mediator at the earliest possible opportunity.

Attorneys representing uninformed spouses will usually want to gather information before agreeing to mediate. This makes sense. You cannot negotiate without sufficient information to allow for an effective dialogue. And, of course, knowledge is power. But, the sooner you mediate, the sooner you can end the divorce process.

If my spouse and I are interested in mediation, how do we get started?

I get a lot of calls from people who have heard about mediation but do not know where to start. The first question I usually ask is, "Do you want me to act as the mediator or as your attorney?" If you are not sure, we may need to discuss this to reach the correct conclusion. Many people think that they need a mediator when, in fact, they do not. Feel free to e-mail me with your questions about this.

It is important that I know my role from the inception of our relationship. If I am going to act as your divorce lawyer, I want to schedule a meeting with you alone. If I am going to act as your divorce mediator, I want to schedule a meeting with you and your spouse. If you are certain that you want me to act as your mediator, please call my office at 214-692-1888 and schedule a time for an initial consultation.

If my spouse and I are interested in mediation, how do we get started?
I get a lot of calls from people who have heard about mediation but do not know where to start. The first question I usually ask is, "Do you want me to act as the mediator or as your attorney?" If you are not sure, we may need to discuss this to reach the correct conclusion. Many people think that they need a mediator when, in fact, they do not. Feel free to e-mail me with your questions about this.

It is important that I know my role from the inception of our relationship. If I am going to act as your divorce lawyer, I want to schedule a meeting with you alone. If I am going to act as your divorce mediator, I want to schedule a meeting with you and your spouse. If you are certain that you want me to act as your mediator, please call my office at 214-692-1888 and schedule a time for an initial consultation.