Mediated Settlement Agreements

It is not uncommon for people who file divorce actions in Texas to fear that it will require years of protracted litigation to come to an agreement on their disputed issues and obtain a divorce decree. While some cases can only be resolved through court intervention, in many instances, parties to divorce actions can mediate their claims and develop an agreement establishing the terms of their settlement. There are many benefits to crafting mediated settlement agreements, but they are not appropriate in every case. As such, if you are weighing whether to end your marriage and wondering if you and your spouse may be able to decide your disputes via mediation, it is sensible to talk to an attorney. The assertive Dallas divorce attorneys of McClure Law Group can evaluate your circumstances and recommend what options would be best to help you pursue your desired results.

In Texas divorces, mediated settlement agreements can help parties resolve disputed issues and reach amicable resolutions outside of court. These agreements are voluntary contracts entered into by divorcing spouses following mediation facilitated by a neutral third-party mediator. Mediation is encouraged by the Texas Family Code (the Code), which recognizes the value of alternative dispute resolution methods in promoting cooperation and reducing the time, cost, and emotional stress associated with litigation. Further, the Code specifically authorizes parties to a suit affecting the parent-child relationship, including divorce cases, to resolve their disputes through mediation.

Mediated settlement agreements can address various issues commonly encountered in divorces, such as child custody and visitation schedules, child support, division of property and debts, and spousal support. By engaging in mediation, divorcing spouses have the opportunity to actively participate in crafting solutions that are tailored to their unique needs and preferences rather than leaving critical decisions to be determined by a judge in court.

One of the key benefits of mediated settlement agreements is their enforceability under Texas law. In other words, the Code states that if the parties reach a mediated settlement agreement regarding issues affecting the parent-child relationship, and the agreement meets certain requirements, the agreement will be deemed binding and enforceable. These requirements include provisions stating that the agreement is not subject to revocation, signatures from all parties involved, and signatures from attorneys present at the time of agreement. Once approved by the court, mediated settlement agreements become court orders, making them legally enforceable like any other court judgment.

Furthermore, mediated settlement agreements offer divorcing spouses a faster and more cost-effective alternative to traditional litigation. By resolving disputes through mediation, parties can avoid the time-consuming and adversarial nature of court proceedings, as well as the associated legal fees and expenses. Additionally, mediation allows parties to maintain greater control over the outcome of their divorce rather than relying on a judge who may have limited knowledge of the intricacies of their situation.

Overall, mediated settlement agreements in Texas divorces provide divorcing spouses with an opportunity to work together to find mutually acceptable solutions to their disputes, reducing conflict and offering a more efficient and cost-effective alternative to litigation.

Mediated settlement agreements help parties in divorce actions develop terms regarding their obligations and rights without interference from the courts, but they are not appropriate for everyone. If you are considering filing for divorce or were served with legal documents initiating divorce proceedings and want to know if mediation is an option, you should meet with a lawyer. The Dallas divorce attorneys of McClure Law Group possess ample experience mediating and litigating divorce actions, and if we represent you, we can help you determine which method of addressing disputed claims will best suit your needs. Our main office is located in Dallas. We can meet clients by appointment at our Collin-County office, which is located in Plano, as well. We often represent people in divorce matters in Dallas, Garland, Rockwall, Fort Worth, Irving, Richardson, Frisco, and McKinney. Additionally, we help parties with family-law disputes in cities in Dallas, Denton, Rockwall, Collin, Tarrant, and Grayson. You can contact us by calling 214.692.8200 or by using our online form to arrange a conference.