Mediation in Travis County Divorce

Austin Divorce Lawyer Explains the Process

Video Transcript:

Jillian French: 

Mediation is going to be required in the sense that if you don't do it, the court will put you at the bottom of the docket.

Molly Hendrickson: 

Is mediation required in order to get a divorce in Travis County? We're gonna talk to attorney Jillian French about that on today's Ask the Lawyer. Jillian, thanks for joining us.

Jillian French: 

Thank you for having me.

Molly Hendrickson: 

So in Travis County, Texas, is mediation required to get a divorce and does it matter if children are involved or not?

Jillian French: 

This is an interesting question. So in Travis County, we have both a long docket and a short docket. So for a final trial in familial cases, it could be set on either the long docket, if it's gonna take more than three hours, or it could be set on the short docket, if it's going to be three hours or less for that final trial. Now, in most situations, this final trial setting is gonna be longer than three hours, therefore requiring a long docket setting. In that situation, mediation is going to be required in the sense that if you don't do it, the court will put you at the bottom of the docket, we are on a rotating docket system in Travis County, meaning you're not assigned to one particular judge, so if you are at the bottom of that docket, there is a high chance that you were not getting reached that day, so you're kind of setting yourself up for showing up, having your witnesses show up, having your attorney show up, and then just not getting heard on a repetitive basis. So it is required if you want your best chance of getting heard. Also on the short docket, even then if you try to go to trial and the Judge finds out you have not attempted mediation, oftentimes they'll stop the hearing, they'll tell you go to mediation, come back, because it is always best to try to resolve your disputes before you get the court involved.

Molly Hendrickson: 

So as a divorce attorney, do you think that mediation is an effective way to resolve family disputes? And why or why not?

Jillian French: 

I do think it is an effective way to resolve disputes, it puts the decisions in the hands of the parties involved, and it allows the parties involved to create customizations to their particular situation and to the issues that are most important to them. And I think that that can actually lead to people feeling potentially more satisfied or potentially like they really got that custom plan that they needed to make this work for them, it's never gonna be pleasant going through a divorce, but trying to create something that's gonna work better for you, in your particular situation, ultimately is going to be the better route to go.

Molly Hendrickson: 

So let's talk a little bit about the process. Can you explain the difference between mediation and litigation and can the parties still have an attorney present representing them during mediation? Is a mediator, a judge who issues binding rulings?

Jillian French: 

Sure, so a mediator does not have to be a judge. There are some mediators that are retired judges, which can be helpful, particularly if you have someone on the other side that doesn't wanna listen to, perhaps maybe an attorney who's acting as the mediator. Mediators don't issue decisions, they try to facilitate an agreement. So what happens is, is that a one party, and if they have an attorney, their attorney are in one room, or as has been the case the last several years, one Zoom room, and then the other party, and if they have an attorney then their attorney are in the other room, and the mediator goes back and forth trying to facilitate that agreement, they take offers back and forth, they may offer mediator suggestions of, Hey, what about this? Have you guys talked about this, or this might be my idea or my suggestion as the mediator, it comes off differently when it comes from the mediator than it does when it comes from the other side.

Jillian French: 

There is no judge there, there is no formal rules of evidence, there isn't the typical cost associated with that litigation, it gives you an opportunity to, again, try to create that customization to resolve your case in the way that's gonna work best for you, and then also it's a private matter, so it isn't a hearing in front of the judge, open to the public or the courts, and you save yourself that cost, and that time, and that money of having to prepare for and then go through that trial process that litigation would require.

Molly Hendrickson: 

In child custody cases specifically, how effective is mediation at setting up say, co-parenting schedules? Is this preferable over actually litigating the case?

Jillian French: 

It can be. Sometimes I find that it's necessary to do temporary orders first to get some, maybe reality checks for one side or the other of what realistic expectations might be for their case or their set of circumstances. After that happens, there might be some more willingness on both sides to say, Hey, this is working, this is not working. Here is where it's not working, and here's where it is, and they're able to better figure out what they want and what they need to happen in those child custody cases. I do think it offers the opportunity for them to really figure out, this over here works, this doesn't. We also need to consider this for our child who maybe isn't going to public school and is going to a private school and doesn't have a bus to take them, or our child is in a maybe a select soccer and needs, has a lot more transportation requirements, so it gives you the opportunity to really dig in and talk through all of those details that you need for your child and your set of circumstances.

Molly Hendrickson: 

So what about people who don't have children? Can they still choose mediation as an option during a divorce, and why might this be something that couples who are divorcing might wanna consider?

Jillian French: 

They absolutely can, and they often will consider that again, because it can be a great cost-saver, and it also will offer customization options to them as well. Sometimes people who are going through divorce and they're considering just the financial aspect of things, might wanna have their financial advisor tell them look at things and say, "Hey, this is what you need in order for you to make it after this, or this is what you should be considering for tax consequences or tax purposes." And so it gives them the opportunity to go in and say, "Look, I really don't care about this part. This is the part that's important to me. I wanna focus on these things and negotiate for the things that they really want and care about", versus a bunch of things just being divided that they may not have really been going after, or really truly cared about at the end of the day and would have preferred something else, also property sometimes will have emotional ties to it, and it's helpful sometimes for the mediator to just be able to talk that out with them and make them feel better about what is going on and what's gonna happen.

Molly Hendrickson: Thank you for taking the time to talk to us today.

Jillian French: 

Thank you.

Molly Hendrickson: 

And that's gonna do it for this episode of Ask the Lawyer. My guest has been Jillian French, if you wanna ask her about your situation, call the number on your screen. Thanks for watching, I'm Molly Hendrickson for Ask the Lawyers.

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