Divorce and Child Custody Mediation in Texas

Houston Family Law Attorney Explains the Process

Video Transcript:

Duana Boswell-Loechel: 

The courts that I practice in, they all require mediation, especially if we have a child custody at issue.

Tom Mustin: 

Is mediation required for divorce or child custody cases? We're gonna talk to attorney Duana Boswell-Loechel about that on Today's Ask The Lawyer. Duana, great to talk to you. As usual, thanks for joining us.

Duana Boswell-Loechel: 

Thanks for having me.

Tom Mustin: 

So I'm gonna ask the question again, is mediation required for divorce or child custody cases? And in your experience, Is mediation something that's worth trying?

Duana Boswell-Loechel: 

The short answer is, in most of the courts, they are requiring the mediation to occur, there's nothing in statutes or anything else that requires that the courts that I practice in, they all require mediation, especially if we have a child custody at issue, and I find the process of mediation to be very beneficial to the clients.

Tom Mustin: 

So, What are the potential benefits of mediation over litigation?

Duana Boswell-Loechel: 

The nice thing about mediation is that we can become very creative, we don't have to follow certain rules and statutes like the courts do, so we can come up with very creative custody plan, so that if a parent has an unusual work schedule, we can work around that so that they're getting time with the children and not having to fit in their work schedule or fit in the possession time around work schedules and maybe missing out on a lot of time. So mediation allows that, and it also gives a client 100% control over what that order is gonna look like, so when they leave a mediation, they know what it's gonna look like.

Tom Mustin: 

So a child custody and parenting time, are things that can be worked out in mediation?

Duana Boswell-Loechel: 

Anything that's at issue with the court, so you can work out child custody, child support, who's gonna provide health insurance, possession access, who makes the decisions for the children, as well as property division and any fault grounds for divorce.

Tom Mustin: 

And so from your experience, Do parents who work out a schedule, a mediation, find this process helpful?

Duana Boswell-Loechel: 

Eventually they will. A lot of them don't necessarily like the benefits, but when they get down the road and they see that it actually does work for them and their schedules, and that they are the ones that were in control of it, I think that gives them a lot of power back in a situation that they can feel powerless.

Tom Mustin: 

And I know for a lot of folks watching, they don't really understand how mediation works. So can you walk us through the process?

Duana Boswell-Loechel: 

Sure, we will find a mutually beneficial time to go to a mediation, and usually the two sides will decide or the court below points who that mediator is gonna be, and when the parties decide, you get to match up a mediator with maybe the personalities of the clients that would work the best. And you will attend mediation and the mediator, usually, if they know anything about the case, is this gonna be what they've read in the petition and answers and counter-petitions. So they are completely neutral, and they just go back and forth and really just work on the communication and trying to get people to move towards a middle ground and kinda analyze the case for them and let them know that there are options in what they may be facing with a judge, and once a settlement agreement is reached, you sign the document called a mediated settlement agreement, and that's put in front of the court, and then the court will render final orders based on that mediated settlement agreement. And the good thing is, a court can't change it.

Tom Mustin: 

Well, are attorneys allowed to be present there in the mediation?

Duana Boswell-Loechel: 

Oh yes, the attorneys are a very integral part in the mediation, and typically, you and your attorney will be in a room together, whether that's a Zoom breakout room or an in-person room together, and the other side will be in a room of their own with their attorney.

Tom Mustin: 

Okay. Well, say the parties can't come to any kind of agreement at all, what's the next step for them?

Duana Boswell-Loechel: 

So what would happen if they don't reach an agreement in the mediation is, the mediator will send a report to the court declaring what we call an impasse, and then the court will proceed to trial.

Tom Mustin: 

Okay. Well, always great to talk to you, Duana. Thank you so much for sharing your expertise with us.

Duana Boswell-Loechel: 

Thank you for having me.

Tom Mustin: 

Good to see you. And that's gonna do it for this episode of Ask The Lawyer. My guest has been Duana Boswell-Loechel. If you wanna ask Duana a question about your situation, call the number you see on the screen. Thanks for watching. I'm Tom Mustin for Ask The Lawyers.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.