Houston Attorneys Practicing Alternative Settlement Methods

Because this process is informal, you may not initially need to retain an attorney. In simpler, amenable divorces, two partners may be able to come to a swift compromise and negotiate directly. Even if you do choose to hire legal representation, informal settlements are most cost effective, as your lawyer will only need to participate on a limited basis.

In your initial settlement offer, you should ask for what you want and what you believe you deserve. You should also keep in mind what your former partner will likely want and what they believe they deserve. Negotiating in good faith and with respect for your ex-spouse will tend to result in a more productive process.

If things get contentious after both sides have made their initial settlement offerings, it is probably time to hire legal representation if you have not already done so. Avoid getting into fights and have your lawyer review any statements or messages before responding. We can help you respond to settlement offers and prepare counters that are reasonable concessions to your wishes while still protecting your interests.

There is no limit to the length of an informal settlement process. It can in theory continue for as long as necessary, but many partners will eventually reach an impasse where they determine that they will be unable to come to an agreement. Should this occur, we can recommend additional alternative settlement solutions or, if necessary, discuss the possibility of going to court to resolve the outstanding conflicts.

Mediation

Mediation is in many instances the logical next step if you are unable to come to a resolution in the informal settlement process. It builds on the work you previously did in negotiating an informal settlement but adds a trained mediator to the process.

Most mediations will involve placing you and your legal representation in one room while positioning your former partner and their legal representation in another room. The mediator, agreed to by both parties, will travel between the rooms to discuss settlements, counters, points of contention, and possible means of resolution. This is done to protect both parties’ safety: Tensions run extremely high as settlements are negotiated, and keeping the groups separate protects everyone’s well-being while avoiding unnecessary fights from resurfacing.

The mediator hired to run your session will be trained at conflict resolution and can potentially help identify ways you can reach a mutually agreeable settlement. They will listen to both sides of every facet of the case and try to help each party understand the other’s feelings and motivations. Our Houston alternative settlement methods attorneys can assist in tracking proposed changes negotiated in mediation and provide recommendations on what and what not to accept.

Should mediation prove successful, both parties will sign a Mediated Settlement Agreement that locks in the terms discussed in the session. If you still cannot reach a settlement, we can help you explore whether pursuing arbitration or going to court makes the most sense for efficiently resolving your case.

Arbitration

Reaching a divorce settlement through arbitration operates similarly in practice to a trial but with less formality and a greater degree of control. Families may prefer to rely on arbitration if they will instead need to wait months for a court date or wish to have some influence over who will decide the outstanding conflicts.

You and your partner will together determine who will arbitrate your case. Your respective legal teams can help advise on this decision and can cooperate to make recommendations, if necessary. The arbitration itself is similar to a trial: You and your legal team will together present facts of the case and arguments in favor of your preferred outcome. The arbitrator will then make a final, binding decision that both parties must abide by.

Helpfully, you do not need to subject your entire settlement to arbitration if you do not need or want to. If you were able to informally settle other elements of your case – say, who gets what property – but still need to settle other matters, like who gets custody, you can exclusively seek arbitration for those elements.