At McNamara Law Office, PLLC we offer mediation unlike that conducted by most lawyers. When spouses cannot agree how to divide their estate or what to do with children, we offer mediation before a divorce is filed without requiring each spouse to have a lawyer. Read More “Mediating Divorce With One Lawyer”
Category: Mediation
Brian McNamara is a Harris and Montgomery County divorce mediation attorney. Mediation is required in these areas for practically all family law matters. It’s the most common type of dispute resolution in family law. Mediation is not arbitration but is a process that encourages the divorcing parties to reach an agreement.
Statistically, mediation is very successful. The advantage of a mediation is it brings the case to an end, and the parties structure the agreement instead of relying on a judge to dictate the resolution. The mediation process usually involves several meetings. The typical mediation that is conducted while a case is already on file is attended by at least 5 people: The spouses, their lawyers, and the mediator.
What Is A Drive-By Mediation?
A drive-by mediation is where parties to a family law dispute meet with a mediator to confirm an existing agreement. Unlike most mediations, which are convened to resolve differences, a drive-by mediation is used to cement an existing agreement. For information about traditional mediation click here.
The term “Drive-By Mediation” is used because the agreement is already made, and the mediation is a short formality to make it enforceable and irrevocable. Bargaining and negotiation are not part of a drive-by mediation. It is not a legal term, but a nickname created by the legal community. Read More “What Is A Drive-By Mediation?”
Motion To Compel Mediation
Most judges require mediation before a contested family law hearing or a trial because it is so successful. Most mediations result in a mediated settlement agreement, or “M.S.A.” If mediation is not required by the judge, it…
