Wednesday, August 24, 2011

You May Be Able To Avoid Litigation Altogether With A Dedicated Austin Divorce Lawyer

By Mardy Dorman


In your gut you could sense that things were deteriorating for quite some time. You simply did not wish to admit it to yourself. You've only been married for six years, but the two of you were very young when you decided to get married and have grown a lot in those six years. Neither one of you have been entirely happy for a few years now - your husband especially. Just recently it almost seems like he has been intentionally trying to ruin things, hoping perhaps that you would file for divorce so that he would not have to.

Irrespective of whether that is what he had in mind or not, that is how it eventually played out. He made a big show of being wounded and indignant when you informed him -and possibly on some level he was- but you could tell that he was also slightly relieved. Either way, the decision has been made, and you've both gone and secured an Austin divorce lawyer. In your first meeting, your attorney told you something you had not realized before. In Austin (Travis, Williamson & Hays counties) before any divorce is allowed to be heard before a judge, an effort must be made to resolve it through mediation.

##How does mediation work?

Mediation is a negotiation process facilitated by a neutral 3rd party -a mediator- who serves as a trained moderator between the two sides as they attempt to reach an agreement that would permit both sides to steer clear of the time, turmoil, and cost of traditional litigation.

##Is mediation successful?

The truth is that mediation is often very successful. In Austin Texas there are more divorce cases successfully settled each year through mediation than are litigated before a judge.

##What's the difference between mediation and litigation?

The fundamental difference between mediation and litigation is that a mediator has no authority to make a ruling and is only trying to facilitate a negotiated settlement. If mediation fails and the divorce is heard in front of the judge, the judge will listen to the arguments from both sides and then make a unilateral ruling.

##Must you sit across a table from your ex while all this is taking place?

No. In the long run, the process is more fundamental than the format, and due to the fact having both parties across a table, flanked by lawyers, can at times be counterproductive to say the least, it isn't necessary. The mediator can act as a go-between, delivering offers between both parties.

If you are in search of sound legal advice, Austin has many good firms from which to choose. A recommendation from a friend of family member is usually a good lead to follow, but failing that you can opt to go online and Google "Divorce Attorney Austin TX". Divorce isn't ever easy but a hardworking Austin divorce lawyer can perhaps make it less complicated by helping you negotiate a mediated settlement.




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