How Does Divorce Mediation Work in Texas?

This video features Jimmy Vaught, a Family Law attorney based in Texas.

Austin Divorce Attorney Explains Mediation Laws

Video Transcript:

Jimmy Vaught:
Most cases, if you can't get it done in a day... You're probably not gonna get it done.

Leslie Rhode:
Welcome to another episode of AskTheLawyers. I'm Leslie Rhode. So glad you're watching. Today we're talking about family law mediation, and we are so fortunate to have Austin lawyer Jimmy Vaught with us. He is from the Vaught Law Firm here in Austin. Welcome, Jimmy.

Jimmy Vaught:
Thank you.

Leslie Rhode:
First question: Should couples seeking a divorce try mediation?

Jimmy Vaught:
Well, actually, in most counties in Texas, you're required to go to mediation before you can set a final trial or go to final trial, so yes, they're almost required to do it.

Leslie Rhode:
I see. What's the difference between the mediation and litigation are not really different, but the benefits in doing that?

Jimmy Vaught:
Well, I think the benefits are... One of the primary ones is that in mediation, the parties are making the decision, so they're actually mediation assisted by the mediator, they ultimately make the decision where if they go to court, the court hears alittle slice of information, and they're gonna make a decision for them.

Leslie Rhode:
I have some friends who have gone through these processes before, I know child custody is always something that can be difficult when it comes to family law and deciding how all that is going to work, it's very emotional, very personal. Is child custody something you believe really can be resolved in something like mediation?

Jimmy Vaught:
Well, absolutely, actually, in most cases, actually, for the child custody are the division of property and divorce, do settle in mediation and frequently involve really high conflict custody issues.

Leslie Rhode:
Let's go back and go through the process for all of our viewers who sort of wanna understand a little bit more about how mediation would work, how would you handle mediation?

Jimmy Vaught:
Basically, normal way of doing mediation is that the attorney hires a mediator, a third party to help facilitate the settlement. The parties for example my client and myself would be in one room, the other party and his or her lawyer are in the other room, and the mediator goes back and forth to work to help facilitate a settlement. In family cases, it's relatively rare that all the parties are in the same room at the same time.

Leslie Rhode:
How long can this process take?

Jimmy Vaught:
Well I've had a few two-day mediations, but most cases, if you can't get it done in a day... You're probably not gonna get it done. And also too, I used to, when I was younger, I'd just be, I'd be like, Get to the end of the day, and by gosh, we're gonna stay here til we get it done, even if we have to stay til midnight. Now that I'm older and wiser, now I start shutting it down about 6:00 or 6:30, unless you're just wrapping things up, because what I found is it, although you're sitting all day, it's very fatigue-ing. And the longer goes, you getting into the early evening hours or late evening hours, people tend to overlook things.

Leslie Rhode:
I understand, I understand that time limit there, people are bringing so many emotional issues to the table when you're dealing with mediation. I'm sure. Well, what happens though, Jimmy, when you get to the end of that day or a process and the parties just cannot come to an agreement?

Jimmy Vaught:
Well, actually they're two options, let's say, if you do settle, then at the end of the day, the parties and the lawyer sign an immediate settlement agreement, which reflects the terms of the settlement, which is also irrevocable. Now, assuming you don't get it done, casing people will continue to negotiate, but ultimately what happened is you set up your final trial, and you go to trial.

Leslie Rhode:
Anything you wanna leave our viewers with today about mediation that you think people should know about it?

Jimmy Vaught:
I mean, I very highly recommend it, quite frankly, because quite frankly going through trial is difficult. You ultimately have to attack the other party to some extent, and it's sometimes hard to heal those wounds after you go through final trial. Mediation provides the parties with an opportunity to participate in the decision concerning the children are the division of property.

Alright, Jimmy Vaught, thank you so much for answering all of our questions and providing some great insight for our viewers. That's Jimmy Vaught with the Vaught Law Firm in Austin, Texas, thanks so much. And thanks to all of you for watching this episode of AskTheLawyers, remember to head on over to AskTheLawyers.com for more information where you can choose a lawyer that lawyers choose.

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