The Role of a Mediation Lawyer Austin, TX Offers
You may have heard of mediation, but are unclear as to exactly how it may be able to help you during a dispute. At The Law Office of Ryan S. Dougay, a mediation lawyer in Austin, TX can review the specifics of your case and explain how our legal services may be of benefit to you. The following information about the role of a mediation lawyer may be of interest to you.
What is mediation?
Mediation is a process that involves a neutral third party (the mediator) who oversees discussions between two parties that desire to resolve a conflict. The goal of mediation is to reach a compromise, a settlement, or a reconciliation between the two parties.
What kind of legal cases can enter into mediation?
There is almost no limit when it comes to what kind of legal disputes might benefit from mediation. A mediation lawyer in Austin, TX from The Law Offices of Ryan S. Dougay can review your case to determine if we might be of assistance. Some of the most common legal disputes handled through mediation are:
- Child support agreements
- Child custody agreements
- Divorce settlements
- Employment disputes
- Alimony (spousal support) agreements
- Contract disputes
Mediation in Place of Litigation
There are many reasons for why mediation is a popular option for private citizens and business owners. Here are some of the highlights:
- Courtroom litigation is generally more expensive and time consuming than mediation. A trial can take months whereas the mediation process may take as little as an afternoon to complete.
- Courtroom litigation allows less input from both parties into the matter in dispute.
- Mediation offers the parties an opportunity to have some control over the solution for the dispute.
- Courtroom litigation becomes part of the public record whereas the mediation process is confidential. If the mediation process does not result in an agreement, subsequent courtroom litigation cannot include anything said by either party during mediation.
Mediation as Compared to Arbitration
There is much confusion between mediation and arbitration, but they have significant differences.
- Usually, a mediator does not have the authority to make a legally binding decision between the parties; the parties must come to agreement.
- By contrast, an arbitrator has a role similar to a judge in that they can render a legally binding decision after hearing from the parties who are experiencing a conflict.
- Arbitration is very similar to a court hearing in that evidence is entered into the process and each side can call witnesses to support their case.
- Mediation is not a formal process and is more like a conversation among the involved parties.
Should I consider hiring an attorney during the mediation process?
A lawyer who is familiar with the nature of your dispute can help protect your best interests. We have helped many individuals and business professionals come to a fair and binding agreement with another party, thus avoiding costly litigation. We offer a free consultation at no charge.
Mediation and Divorce Discovery
If you are considering divorce or currently going through a separation from your spouse, you may want to consider seeking the guidance of a mediation lawyer Austin, TX clients trust from The Law Office of Ryan S. Dougay. We have been devoted to helping our clients get through some of the most challenging and scary events in their lives for more than 10 years.
We understand how complex and emotional going through the separation of your spouse can be. During the divorce process, it can help to have an Austin mediation lawyer on your side to speak up on your behalf and provide legal advice.
Below we have gone over what mediation entails and the five steps involved in divorce discovery, in which information from each spouse is obtained.
Mediation
If both spouses wish to prevent from going through a divorce discovery process, they may want to settle their differences and attend mediation instead. Each spouse and each mediation lawyer Austin, TX offers meet in an attempt to create an agreement over conflicts that satisfy both parties. The mediator is a person appointed by the court to act as an unbiased party and help negotiate a settlement.
Divorce Discovery
Disclosures
States have their own unique set of rules for civil procedures that govern how a disclosure is conducted. Each mediation lawyer Austin, TX locals depend on that represent each spouse submits a request of items to the other spouse for which a response is required within a 30-day time period.
Interrogation
Interrogatories include a list of several questions that an attorney submits to the opposing spouse. Many states set a limit on how many questions are allowed to be on the list, and a response is required within a 30-day time period.
Admissions of Fact
Admissions of fact include a list of statements or facts that are directed at the other spouse. The spouse receiving this list is to either deny or admit each statement.
Request for Production
A request for production is used in order to obtain paperwork from a spouse such as income, bank statements or any other documents relevant to the divorce. The spouse who receives this request for production must respond within a 30-day time period. This step in the divorce may be delayed, as spouses are usually hesitant to submit personal information that can benefit the other spouse. Sometimes, legal delay tactics are used by the opposing spouse and his or her attorney.
How a Mediation Lawyer Austin, TX Families Call Can Help
Divorce can be an exasperating and heated process. If the couple can settle an agreement in mediation, it can help prevent further divorce steps and also complete the divorce quicker. By hiring a mediation lawyer in Austin, TX from The Law Office of Ryan S. Dougay, we can help answer any questions you may have along the way.
We believe in offering professional yet empathetic services for our clients going through a divorce. It is our ultimate goal for clients to reach a settlement that enables them to move on and towards a path of healing. We are not afraid to use aggressive legal tactics if necessary, especially if your spouse is being difficult or intentionally hindering the divorce process. Please call a mediation lawyer Austin, TX provides today to schedule a consultation.