Collaborative law provides a unique settlement process alternative to expensive, time-consuming litigation. Collaborative divorce is a progressive, efficient, and respectful alternative to traditional divorce litigation. It does not rely on court-imposed resolutions but instead permits parties to negotiate in an atmosphere of honesty, cooperation, integrity, and professionalism geared toward the future well-being of the parties/restructured family. In this process, each party hires a lawyer trained in collaborative law and interest-based negotiation. Please understand that the collaborative lawyers will withdraw and trial attorneys will have to be retained for any adversarial proceedings. This assures that everyone is committed to the settlement process.
Mediation is a process by which parties can settle their disputes with the assistance of a qualified and trained mediator who encourages the parties to work together to find mutually acceptable solutions. The mediator is neutral in the mediation process and does not take either party's side. The mediator serves to facilitate communication, compromise, and resolution of the party's disputes. The mediator must keep the mediation session private and confidential. The mediator writes the agreement, for the parties when a settlement agreement is reached.
The written agreement has to be signed by the parties, the party's attorney (if the parties have an attorney) and the mediator. The agreement must have the following language: “The parties agree that this agreement is binding and is not subject to revocation and is enforceable by a court of competent jurisdiction.”
Once all sign the agreement, the agreement becomes binding and enforceable. A party is entitled to judgment based on a settlement agreement that meets the law’s requirements.
Mediation allows parties to remain in control of their case. Mediation offers parties an opportunity to reach an agreement which can save the parties time, money, and stress. Mediation eliminates the risk and uncertainty of going to court. Mediation lacks the formality of court as no evidence needs to be presented and witnesses are not called. In mediation, the parties retain all of the decision-making power.
Some courts in Texas require mediation in family cases. A court can order a case to mediation on its own motion or by agreement of both parties. Texas Family Code 6.602(a) & 153.0071(c).
An uncontested family law case is an agreed case; a case where you and the other party have an agreement to be put into a final order.
In an uncontested divorce, there are no disagreements about what the parties want to happen regarding the separation of all assets and debts. If the parties have children, the agreement covers all things regarding the children including child support.
In an uncontested original suit affecting a parent child relationship or modification of such orders regarding children, there are no disagreements regarding the children including child support.
Uncontested cases are usually much simpler and faster than contested cases. Uncontested cases save parties a lot of time and money.