Mediation, Arbitration, and Collaborative Law Services
For the Greater Houston & Conroe, TX Areas
Going to trial is only one option for clients with family law conflicts. Your J&K attorney can explain all of the dispute resolution methods available in family law and help you decide the best path for your case. The following are the “alternative dispute resolution” methods that help to resolve the issues outside the courthouse.
Our Mediation Attorneys Work Hard For You
Harris County and most other Texas counties require mediation before parties can proceed to trial in a family law matter. Mediation utilizes a third-party neutral mediator to assist in the resolution of your case through what is usually a day-long settlement process conducted by the mediator.
In a mediation session, the mediator will help each party communicate what is important to them. Together, all parties will then identify and prioritize issues, discuss possible solutions, come to an agreement, and draft a written version of the agreement for signing.
There are many advantages to choosing mediation. It’s much less expensive and less distressing than fighting in court. It is also faster and gives you more power over the decisions that are made. If you’re worried that one or both parties will prove too difficult for mediation, don’t worry. A mediator will help you find a way to move forward even when both parties seem to be at an impasse.
Our mediation attorneys are skilled in negotiation and we give mediation the thorough preparation necessary for a successful outcome.
Can An Arbitration Attorney Be the Best Option For You?
Arbitration is an alternative to a “courthouse” trial. In the arbitration process, the parties agree to submit their family law dispute to an arbitrator experienced in family law who will act as the judge in their case.
Arbitration is unlike mediation in that the mediator, while able to listen and suggest solutions, has no real authority to decide the outcome. An arbiter has the power to interview children, appoint experts as needed, issue subpoenas, hear testimony, examine evidence, and reach a final decision for your case. Once the arbitration is over, you have a limited right to appeal if you aren’t happy with the outcome, but your options will be fairly limited.
Arbitration is a trial, but it can be conducted in a less formal and more efficient manner than a trial, alleviating the long wait for the court to “reach” your case. The process allows for a trial to be set at a time and place that is the most convenient for the litigants. It’s also more private, eliminating the public airing of private problems. Arbitration can save you money as well as time. If you’re looking for an experienced arbitration attorney in the Houston and Conroe, TX areas, contact Jenkins & Kamin, LLP today.
Collaborative Law
Collaborative law is a less adversarial approach to the resolution of a divorce. In the collaborative process, the parties and their counsel agree in writing not to resort to litigation. Each party retains his or her own attorney and works cooperatively to reach an agreement without the court’s intervention. However, in the event you cannot resolve the case, each attorney must withdraw and the parties will need to hire new counsel and pursue the divorce through litigation. This aspect of the collaborative model provides added incentive to the parties and attorneys to work diligently to settle the case.
Collaborative law is designed to create a safe and constructive environment during the divorce process. This model focuses on finding solutions to disputes rather than delivering blame or arguing, provided that the parties commit to fully disclose all pertinent details regarding the family dynamic and finances. It puts the clients, and any children or other family members, at the center of the discussion to ensure that every decision is made with everyone’s best interest in mind. This model often provides a more expedient, and far less expensive way to conclude your case. Most collaborative cases are concluded to create a positive framework for future interactions between you and your spouse, especially in cases where children are involved.
Several of our attorneys are trained in the collaborative model and possess the problem-solving and negotiating skills necessary to effectively conduct a case under the collaborative law model. We serve clients from Houston, Conroe, and the surrounding areas of Texas.