- Traditional Mediation with Brian McNamara
- Mediating with Only One Lawyer
- The Basics of Family Law Mediation in Texas
- How to Prepare for Family Law Mediation
- How to Have an Uncontested Divorce
Mediation Is Required
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.
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.
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.
A Kingwood Mediator who Understands Your Needs
Since 1992 Mr. McNamara has attended countless mediations with his clients. He understands how overwhelming family law litigation can be and that every-day legal terminology can be daunting to the average person. As a mediator, he is careful to make sure that each person understands what is being proposed, and the options for responding. It is the lawyer’s job to advocate for the client and to properly educate the client about each offer and proposal. As a mediator, Brian McNamara makes sure that each person has time to visit with his or her lawyer and fully understand what is going on. Too often, the attorneys mediate the deal and it’s only explained to the clients after it’s done. Both as a mediator and an attorney at mediation, Mr. McNamara makes sure this does not happen.
Contact McNamara Law Office now to schedule a consultation with an experienced Texas family law attorney and divorce lawyer.
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Divorce Mediation Attorney - Mediating With One Lawyer
When divorce is inevitable and there is not a complete agreement, consider a divorce mediation attorney. Read more...
Family Law and Divorce Mediation Process Overview
As a family law and divorce mediator in Kingwood, I've put together a quick overview of what one should expect from a typical divorce mediation process. Read more...
How to Prepare for Divorce Mediation
Divorce mediation can be long, boring, tiresome, and emotionally draining. It can also be a tremendous relief when a mediated settlement agreement (M.S.A.) is signed. Read more...
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 can still be ordered. Read more...
The Basics of Family Law Mediation in Texas
Texas law has permitted a judge to order parties to mediate a family law case since the mid-1990s. Texas does not require mediation in family law, but most judges require it. Read more...