Information Center: Family Law
Information Center: Family Law
Alternative Dispute Resolution / Collaborative Law
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, collaborative law procedures, and informal settlement conferences are available to most divorcing couples who wish to resolve these issues without court intervention. A Texas family law attorney at Law Offices of Roland R. Esparza, P.C. in San Antonio, Texas, 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. Family Code § 6.601.
Mediation
In a proceeding for the dissolution of a marriage in Texas, the parties can agree in writing to meditation 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. 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
Collaborative Law
In a proceeding for the dissolution of a marriage, the parties and their attorneys can agree in a written collaborative law agreement to conduct the proceeding under collaborative law procedures. Family Code § 6.603. Under collaborative law procedures, the parties and their attorneys agree to use their best efforts and to make a good faith attempt to resolve their dissolution of marriage dispute without the court's intervention.
Required Provisions in Collaborative Law Agreements, Family Code § 6.603(c)
A collaborative law agreement must include provisions regarding:
- Exchange of information. The parties and their attorneys must agree to a full and candid exchange of information between the parties and their attorneys as necessary to make a proper evaluation of the case.
- No intervention by the court. The parties and their attorneys must agree not to seek court intervention in the dispute while collaborative law procedures are in use.
- Experts. The parties must agree about hiring experts to use in the procedure.
- Withdrawal of counsel. The parties and their attorneys must agree to the withdrawal of all counsel involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute.
- Other provisions. All other provisions must be consistent with a good faith effort to settle the matter collaboratively.
Once the parties have reached a resolution, the agreement is submitted to the court for approval. If approved, the court will render the orders necessary to effectuate the agreement of the parties. Family Code § 6.603(b). A judgment on the collaborative law settlement agreement will be rendered 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 their attorneys
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. 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 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 family law attorney from Law Offices of Roland R. Esparza, P.C. in San Antonio, Texas, can help you to facilitate the often-difficult process of dissolving a marriage. If you would like help with resolving your divorce dispute, contact Law Offices of Roland R. Esparza, P.C. today to schedule a consultation with a lawyer.
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