Primary Office - Kingwood
1412 Stonehollow Drive, Ste C
Kingwood, TX 77339
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By Appointment - Downtown:
The Lyric Center, 9th Floor
Houston, TX 77002
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Mediation Is Required By Law
Mediation is required in practically all family law matters in Harris and Montgomery Counties, sometimes even twice.
Mediation Is Not Arbitration
Mediation is the most common type of "alternative dispute resolution" in family law. It is NOT arbitration where an arbitrator listens to evidence and makes a binding decision. Arbitration is sometimes referred to as rent-a-judge.
An Agreement Made By The Parties
Mediation is a process that encourages the parties to reach an agreement. Typically, one party and his or her lawyer are in one room, and the other party is in another room with counsel. The mediator visits with each party as many times as necessary to try to find common ground and reach an agreement. Often, the parties never speak directly with each other. In fact, Mr. McNamara has been to many family law mediations where he and his client never even saw the other party or lawyer the entire time.
An Experienced Family Law Attorney Is Essential In Mediation
When an agreement is made, the mediator circulates it for signatures and then provides everybody with a copy. The agreement is irrevocable and, therefore, it is essential to have a lawyer who understands the full impact of each proposal and takes his role as legal counselor as seriously as his advocacy in court. Mr. McNamara makes certain that his client understands exactly the full import of each proposal during mediation.
Statistically, mediation is very successful. Most cases that have not already settled reach agreement at mediation. The advantages of mediation are that they bring the case to an end; and the parties structure the agreement instead of relying on a Judge to dictate the resolution, which neither may like, and which may not even work well for their family.
Mediation Twice In The Same Case?
Many courts require mediation before a temporary orders hearing and again before a final trial. Usually, mediation prior to a temporary order is limited to 4 hours. Mr. McNamara is a big believer in allowing a full day for the process when a final order is being negotiated, especially when it involves property issues and matters related to children. Four hours is simply not enough time to allow his client to fully understand what is taking place and all the ramifications of each proposal. However, for temporary orders four hours is usually sufficient.
A Kingwood Lawyer Experienced With Texas Family Law Mediation
Brian J. McNamara has mediated hundreds of family law matters in Harris and Montgomery counties. He has practiced family law from his Kingwood office since 1992, and now also maintains a downtown Houston office. Since he began practicing law, Mr. McNamara has seen family law mediation evolve and has seen many would-be mediators come and go. If you would like to speak with him about family law mediation or any family law matter, please call for a consultation.
Contact McNamara Law Office now to schedule a consultation with an experienced Texas family law attorney and divorce lawyer.