Divorce Mediation Stages Part 1

The legislation that governs Texas mediation procedures is the Civil Practice and Remedies Code. Most mediation has five stages to go through. These stages do not follow a strict order or format and may be done in various orders depending on the circumstances; while other stages may be repeated at different points during your mediation. This article will focus on the first two mediation stages. 

During this stage the mediator works with you and your spouse laying the groundwork for the rest of the mediation. You provide the mediator with basic background information about your situation. The mediator will then explain how mediation works, how it will be conducted and what is to be achieved by the mediation process. 

The mediator will suggest an approach that should increase the chances of reaching an agreement between you and your spouse, based on how you and your spouse communicate and the issues relating to your case.  You and/or your spouse will assess the issues you agree and disagree on and the mediator will use these issue as an agenda to be used for the rest of the mediation. 

As the name suggests, this stage entails gathering as much necessary information as possible so as to ensure the success of the mediation process. This requires you, your spouse and the mediator to be on the same page, that is, all parties must be fully informed about the facts of your case. At times this stage begins during the first session or after the first session. 

The mediator may start this stage off by discussing general legal rules that might apply to your case. This can include state laws on how a judge would rule in respect of division of assets and debt, child custody, child support. 

This stage may span to two or more sessions especially if outside work is needed to get more information. While you may feel the need to rush through this stage, the mediator’s job is to ensure that you and your spouse have all the facts and information necessary to negotiate an agreement that is legally binding and which you will not regret signing. 

In the event the information needed is not available or is in dispute, the mediator will try and ascertain the correct information or help you find ways to get the information needed. For example, if you need a policy number and details in respect of a life insurance policy; the mediator can suggest ways of getting that information like contacting the broker or writing a letter to contact the insurance company. 

Further, additional information may be required and the mediator may request that you and your spouse bring financial documentation such as tax returns, bank and mortgage statements; this information will be referred to during the rest of the mediation process. If you agree that more information is needed, this will go on the mediation ‘to do list’. 

To get cheap divorce lawyers in Houston, seek out a law firm with affordable pricing that does not compromise the quality of service. 

 For information on an affordable divorce the author recommends Busby-Lee.