When a case is filed in Tarrant County, chances are quite high that the court will send the matter out for mediation prior to final trial. What this means is that if the parties are unable to resolve their dispute, then the court will require the parties to attend mediation. Both family law cases and general civil disputes may be sent for mediation.
Mediation is a process that is designed to help parties settle a case. The mediation is generally held at the office of the mediator. For the convenience of the parties, however, the mediation may occur at the offices of either attorney. This generally applies when one party has many documents that may need to be reviewed during mediation. The primary benefit of mediation is that it enables the parties to resolve their dispute without preparing for and attending trial. A trial can be quite costly for the parties. Mediation also enables the parties to work together to include terms in a final order that may not otherwise be ordered by a court. While a court may be limited by what can be ordered, parties generally do not have those same limitations if they are willing to work together with a mediator to resolve their dispute. Court’s generally require each party to pay one-half of the mediation fee. The cost will depend upon whether the court requires the parties to attend a session for a complete day or a one-half day session.
The mediator is almost always an attorney, and perhaps even a former judge, with significant experience in the area pertaining to the dispute. The benefit of having a former judge or an experienced mediation attorney mediate the case is that because of their experience they are able to provide information on how courts and attorneys typically handle the client’s matter. The sole purpose of the mediator is to assist the parties in resolving their dispute. The mediator does not give the parties legal advice and does not render a decision at the conclusion. In fact, the only contact the mediator usually has with the court is to report whether the case did or did not settle at mediation and whether the parties and counsel appeared for mediation.
If the case does not settle at mediation, then the case may proceed to trial. However, even if the case does not settle at the time of mediation, the mediator may send the parties with a proposed settlement agreement to be signed at a later date. If the case does settle at mediation, then the mediator will prepare a mediated settlement agreement which ordinarily may not be revoked. One of the attorneys will then prepare a final order that will be signed by the court and entered in the case.
The Law Offices of David Kohm of the Dallas area is experienced in assisting you in all family law divorce matters and is ready to help you get the financial support you need. Also with offices now in Irving and Addison TX, in addition to 10 other offices in the DFW area.
Tommy Carter, an attorney at David S. Kohm & Associates, is a trained mediator. He uses this experience for the advantage of his clients when representing them at mediation. Over the years, Tommy has represented numerous clients at mediation in both family and civil law matters.