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| How to select an attorney? |
| Do you understand what the lawyer is saying, and why? There is very little in the law that cannot be explained so you have a general understanding why certain actions are being taken. Communication with you and with others is essential to providing legal services, you may wish to consider hiring another lawyer if you can't understand what he or she is saying. |
| Power Family Law, PLLC |
| Our attorneys and support staff make it a priority to understand the needs of our clients and to explain the legal process in an understandable manner. |
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Family Law
Love, Family, Marriage, Childern 
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MEDIATIONWhat is Mediation? Will I need to attend mediation in my case?Mediation is one of several forms of Alternative Dispute Resolution, or ADR, sanctioned under Texas State law as a cost effective option to a bench or jury trial. It is a private, confidential process where a trained professional, usually an attorney, facilitates disputing parties in finding a solution to their problems through communication, negotiation and exploration of creative solutions. A mediator does not act as a judge or arbitrator, in that they do not render any decisions or opinions, nor do they give legal advice to the parties. Rather, the role of the mediator is to act as a neutral third party to assist the participants in reaching a mutually agreeable resolution to the issues at hand. The process is characterized by participant empowerment, where the parties control the outcome in a private setting that promotes freedom of expression and the search of creative options, all while reducing both the emotional and economic costs for the parties that promotes healthier ongoing relationships for families. Mediators typically establish and enforce fair and neutral procedures for the process that allows parties to express what is important to them in achieving a final resolution. Most mediation sessions occur through "shuttle diplomacy". The parties are placed in separate rooms and the mediator facilitates negotiations by shuttling between both parties with information, questions and proposals. Information is confidential. While parties are in separate rooms, information given by a party is held in confidence, unless the divulging party gives the mediator express permission to tell the other party. Litigants should remain mindful that mediators and any records associated with mediation cannot be subject to subpoena. Also, mediators cannot be compelled to testify as to the events of a mediation session. How Parties Become Involved In the Process?Parties begin the mediation process when it is ordered by the Court upon request of either party or in cases deemed appropriate by the Judge. Most courts in Collin, Dallas and Denton Counties order parties to attend mediation in advance of going to trial. Therefore, many times, mediation is mandatory. Mediator fees usually range between $1,400 and $2,000. The fees are ordinarily paid equally between the parties. This is in addition to the hourly attorneys' fees if a party has retained counsel and usually each party is responsible for paying their own attorneys' fees.What Happens If The Parties Reach A Written Settlement Agreement?If the parties reach a settlement and all parties and their attorneys execute a Mediated Settlement Agreement (MSA), the agreement is enforceable in the same manner as any other written contract. It is extremely difficult to alter, change or amend the terms of a properly executed agreement unless both parties agree. In rare cases of fraud and violations of public policy, the Court may refuse to accept the terms of the MSA. The Court has ordinarily incorporates the terms of the written agreement into the final court order or decree disposing of the matter. |
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