|
|
|||||||||||||||||||||
|
|
|
|
|
|
||||||||||||||||
|
|
|
|
|||||||||||||||||||
|
FAMILY LAW
PRIMER |
|||||||||||||||||||||
|
|
Mediation and Settlement Settlement of a divorce case, perhaps more so than
other civil cases, is not only the most economical method for the parties to
end their marital relationship, but also the method by which both parties may
believe they ``got what they wanted'' and didn't get ``cheated'' by the
system or by the lawyer. The public policy of Texas, as set out in the Family
Code, as well as the rules governing the Texas State Bar, promote
out-of-court settlement of family law disputes. Similarly, Texas public
policy encourages the parties to a divorce to enter into a written agreement
concerning the division of all their property and liabilities. An agreement incident to divorce may also
address child custody, visitation, and child support issues, as well as
post-marital obligations of one of the former spouses to provide support and
maintenance for the other, and education for the children. All agreements
incident to divorce must be in writing. Oral divorce agreements are not
effective A mediated settlement agreement in a suit affecting the
parent-child relationship must be in writing and signed by the parties and
any party's attorney present at the signing if it is to be nonrevocable and
binding. On the written agreement of the parties, the court may
refer a suit for dissolution of marriage, including a suit affecting the
parent-child relationship, to mediation. Once the parties agree to mediation
and reduce that agreement to writing, the suggested practice is to present to
the court a joint or agreed motion and order for mediation referral,
incorporating the terms of the agreement. The written agreement for mediation
should set the ground rules for the dispute resolution procedure by covering
matters such as: ·
Who
will serve as mediator or how the person is to be selected. ·
What
facts or issues are not in dispute and are stipulated and agreed between the
spouses. ·
Whether
mediation will be limited to specified issues (such as conservatorship of
children only) or cover all matters in dispute. ·
The
suspension of discovery during certain time periods during the mediation
process. ·
Payment
of mediation expenses A court may refer a divorce case and a suit affecting
the parent-child relationship to mediation on the motion of any party, even
when the parties do not agree to submit their dispute to an alternative
resolution method. However, one or both parties may successfully contest that
upon hearing with certain specific objections. |
|
|||||||||||||||||||
|
|||||||||||||||||||||
|
|
|||||||||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
