What is Mediation?
In Texas, many divorces are settled though the Mediation process. Mediation is a settlement process whereby the parties, and typically their attorneys, meet with an impartial third person who assists the parties in reaching a settlement. The mediation process can last from a few hours to several days depending on the parties’ willingness to continue to negotiate. A mediator does not render a decision on the issues in dispute. He or she encourages communication between the parties so they can resolve the issues. Mediation is typically a one day process and about 80% of mediations are successful.
Mediation allows the couple, not the court, to make decisions regarding family restructuring. The parties, with the assistance of the impartial mediator, resolve divorce issues civilly in private, saving them from great expense. The parties negotiate the terms of their own separation or divorce agreement with the mediator’s assistance (a neutral third party), as opposed to having a settlement imposed by the Court or by attorneys. Litigation tends to result in deepening hostility, while mediation creates the opportunity for an improved working relationship. Because mediation keeps the parties directly involved in the negotiations, the parties can make sure that the settlement meets their needs.
Conflict is a normal part of our lives. Mediation is one way to address conflict in a stress-free way. Mediation is a voluntary discussion between two or more parties utilizing a third party to work toward a mutual resolution. Designed to maximize each partys needs, restore relationships, and increase productive work environments, mediation provides a safe, confidential, and solution-focused process that preserves the dignity of each participant.
The purpose of mediation is to resolve conflict in the following situations: • Where you do not agree with the recommendation of the Trustee in the Report of the Trustee on the Bankrupt’s Application for Discharge. In this situation, you may, before the expiration of nine months from the date of bankruptcy, send to the Trustee a written request to have the matter determined by mediation. • Where you and the Trustee cannot agree on the amount that you are required to pay to your creditors because, in the Trustee’s opinion, you could have filed a viable proposal but did not. • Where you and the Trustee cannot agree on the amount that you are required to pay pursuant to the Superintendent’s Standards. In this situation, the Trustee shall request that the matter be determined by mediation. • Where a creditor has made a written request for mediation, either within thirty days from the date of bankruptcy or within thirty days after an amendment made by the Trustee regarding the amount that y
