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.
Mediation is a process that encourages both parties in a divorce or family law dispute to reach agreement. Usually, each party is in a separate room with his or her lawyer. The mediator visits each party as many times as necessary to find common ground and reach agreement. In divorce or family law, it is normal for the parties to not speak directly with each other.
Documentation for the Mediator
Prior to mediation, each attorney or unrepresented party should email everything relevant including the following to the mediator:
1. An introductory letter describing:
- The basic facts
- The issues in controversy
- The client’s position on each issue
- Your understanding of the other party’s position on each issue
- The substance and status of any offers and counter-offers
- Any unusual issues as well as citations to authority that might help mediation
2. Current pleadings
3. Relevant discovery responses
4. If property division is an issue, your current sworn inventory and any settlement spreadsheets
5. If child support is an issue, a completed Financial Information Statement, calculation of the child support, and supporting documentation
If a communication is marked confidential, it will be treated as information obtained in private caucus and will not be divulged.
Who Should be Present During a Typical Divorce Mediation Process?
Both parties should attend mediation in person. Please notify the mediator and the opposing counsel if a party plans to not be personally present. Also, notify the mediator and opposing lawyer if anyone other than a party and attorney will attend.
Be Patient and do not Speculate During the Mediation
Inform family and friends that you will contact them when there is something to report. Proposals might go back and forth all day. The ultimate agreement is not likely to resemble either party’s starting point. Intermittent updates are meaningless and can distract from focusing on mediation.
Sometimes it becomes necessary to spend an hour or more with one party. Each party should bring something to occupy the time.
Family Law and Divorce Mediator Location and Facilities
Brian McNamara
McNamara Law Office, PLLC
712 Stonehollow Drive, Suite C
Kingwood, Texas 77339
Ph: (281) 358-3444
We have 2 mediation conference rooms, each with its own coffee machine and TV. The televisions receive some channels and have VGA cables to project a laptop onto the screen.
Downtown Houston Location:
Downtown Houston Family Law & Divorce Mediation
The Lyric Center
440 Louisiana, 9th Floor
Houston, Texas 77002
I will also travel to your location.
