Alternative Dispute Resolution Lawyers in Houston
Effective in Arbitration, Mediation, & More
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Before a divorce may be granted, the typical issues that must be resolved are alimony/spousal support, property division, child custody, and child support. In Texas, arbitration, mediation, and informal settlement conferences are available to most divorcing couples who wish to resolve these issues without court intervention. A Houston alternative dispute resolution attorney at Cynthia Tracy, Attorney at Law, P.C. can work with you to resolve your dissolution of marriage disputes in a way that is appropriate for your family.
Arbitration
In Texas, the parties to a suit for dissolution of a marriage may agree to arbitration. If the parties state in a written agreement whether the arbitration is to be binding or nonbinding, the court may refer the suit to arbitration. If the arbitration is meant to be binding, the court may also render an order reflecting the arbitrator’s award. (See Texas Family Code § 6.601.)
Mediation
In a proceeding for the dissolution of a marriage in Texas, the parties can agree in writing to mediation, or the court may make a motion to refer the suit to mediation. If a settlement is reached, a judgment on the mediated settlement agreement will be rendered. (See Texas Family Code § 6.602.)
A mediated settlement agreement will be binding on the parties if the agreement is:
- Not subject to revocation (must be prominently displayed in the agreement in boldfaced type or capital letters or underlined)
- Signed by each party and by each party’s attorney, if either party is represented by counsel
Informal Settlement Conference
In a suit for dissolution of a marriage, the parties may agree to participate in informal settlement conferences with or without their attorneys present. (See Texas Family Code § 6.604.) A written settlement agreement resulting from the settlement conference will be binding on the parties, and the parties will be entitled to judgment on the agreement if it meets several requirements.
It is binding if it is:
- Not subject to revocation (must be prominently displayed in the agreement in boldfaced type or capital letters or underlined)
- Signed by each party and by each party’s attorney, if either party is represented by counsel
If the terms of the agreement are just and right, those terms are binding on the court, and the court may set forth the agreement in full or incorporate the agreement by reference in its final decree. If the terms of the agreement are not just and right, the court may request the parties to submit a revised agreement or set the case for a contested hearing.
A Houston alternative dispute resolution attorney from Cynthia Tracy, Attorney at Law, P.C. can help you to facilitate the often-difficult process of dissolving a marriage. If you would like help with resolving your divorce dispute, contact Cynthia Tracy, Attorney at Law, P.C. today to schedule a consultation with a knowledgeable lawyer.
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The Law group has done an excellent job on my case and stayed in touch with me threw out the process.
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