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Mediation

Mediation is one form of alternative dispute resolution where you, as a party to the case, ultimately have control over the final outcome. In a divorce mediation, the parties (husband and wife) are usually in separate rooms with their attorneys by their side, if represented. A mediator, who is a neutral third party, goes back and forth between the two rooms hearing the issues in the divorce from each party and working with them to reach a resolution and put it in a form that is written and binding on the parties.

A mediation can last for as long as it takes to reach an agreement. Typically, in divorce cases, mediation will be scheduled for a full day. When an agreement is reached at mediation, the parties sign a Mediated Settlement Agreement and customarily file it with the Court. The Mediated Settlement Agreement contains language that makes it binding and irrevocable. If an agreement is not reached in mediation and the case is later tried, the offers at mediation do not come in at Court. If the parties were close to reaching an agreement but ran out of time, typically the attorneys will schedule a follow-up mediation to continue working towards a resolution.

Mediation is not arbitration. In arbitration, the arbitrator acts like a judge and after hearing the evidence makes a decision that is binding on the parties. In mediation, you may not walk away with everything you came into mediation wanting but frequently a fair compromise is reached so both parties can leave feeling that they have controlled their own settlement.

It is best to have your attorney with you at mediation rather than attempting to represent yourself. Your attorney is your trained legal advocate and will advise you at each stage of the negotiation.

Mediators vary in price and experience, as do all professionals. If you have a complicated divorce case with complex child issues or property issues, a mediator who is also an attorney may be your best option.

Our attorney mediators do travel out of Hays County regularly and are frequently asked by the Court or the parties' attorneys to help mediate a case. Please call 512-212-9911 for more information about where our mediators travel and for adjusted start times to ensure adequate travel time. In most of the courts in central Texas, the judges will require the parties to mediate prior to setting a contested final hearing.

Click here to see frequently asked questions.

Speak with one of our experienced attorneys and/or mediators at Scanio & Scanio, P.C. about the best option for you by calling 512-212-9911.

If you are an attorney seeking to schedule a mediation with one of our mediators, please call 512-212-9911 for our rates and availability.

Click here to see Mike Scanio's availability calendar.

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Scanio & Scanio
A Professional Corporation

144 East San Antonio
San Marcos, TX 78666
Phone: 512-212-9911

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