Many people are surprised at the number of options available to resolve a divorce in Texas. There is rarely a need to go to trial and argue in front of a judge. At The Lincoln Law Firm, PLLC, in Houston, we take pride in being able to identify the most effective option based on your situation, often saving you time and money by using forms of alternative dispute resolution instead of trial.
To schedule your consultation, call 832-478-6750. You may also fill out a contact form and someone from our firm will be in touch with you soon.
Perhaps the most well-known form of alternative dispute resolution, mediation involves both parties attending a meeting with their attorneys and a mediator present. Usually, each party and his or her respective attorney are separated from the opposing party by sitting in separate rooms.
The mediator is a neutral party whose job is to facilitate the parties reaching an agreement. The mediator is not a judge, therefore, the parties must reach an agreement if they are going to reach a resolution. If the parties are unable to reach an agreement at mediation, then they will be required to continue with litigation. In many cases, spouses are able to be far more creative in finding ways to amicably resolve disputes compared to a judge deciding how their disputes will be resolved.
Collaborative law is similar to mediation in that both spouses are able to work together to reach agreements. However, there is no mediator. Instead, agreements are facilitated by attorneys trained in collaborative law techniques. As in mediation, there is nothing to limit the creativity in making decisions about property division and other issues regarding your children.
Arbitration is closer to trial than either mediation or collaborative law. An arbitrator fills the role of the judge. Essentially, the arbitrator is a private judge because the parties pay him or her to make decisions regarding their property division and their children. The arbitrator is typically a former judge or a well-experienced family law attorney trained in family law matters. Spouses get the benefit of having a third party make the decisions when they are unable to reach a resolution on their own, but in the privacy of the arbitrator's office — not in public at the courthouse.
In arbitration, the attorneys present their case and evidence to the arbitrator. Arbitration can be conducted as formal as a trial or it can be more relaxed depending on the nature of your case and how you wish to proceed. The downside of arbitration is that the client gives up the right to file an appeal if he or she is unhappy with the arbitrator's decision. If a judge makes a decision, the client has the right to file an appeal. Most cases are not appealed, therefore, not having the right to appeal is usually not a deterrent in agreeing to arbitration as a method to reach a resolution.
Contact An Alternative Dispute Resolution Attorney Serving The Woodlands
We look forward to speaking with you. To arrange a consultation about alternatives to trial, please call 832-478-6750 or contact us by email. Hours: Monday-Thursday, 8:30 a.m.-5:00 p.m. and Friday, 8:30 a.m. - 12:00 p.m.