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Divorce Mediation & Conflict Resolution

In the often challenging world of family law, conflict is inevitable, but how you choose to resolve those conflicts can make a significant difference in both the outcome and the emotional toll on your family. At Duffee + Eitzen, we offer alternative dispute resolution methods such as mediation, arbitration, and collaborative divorce to help you avoid the stress, cost, and time associated with traditional litigation.
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Divorce Mediation

Divorce mediation is a powerful tool for couples seeking an amicable resolution to their disputes quickly and privately. In Texas, many courts mandate an attempt at mediation before a case goes to trial, particularly in child custody and property division matters. Mediation involves a neutral third party, known as the mediator, who facilitates discussion and helps couples reach agreements on contentious issues without taking sides. The goal is for both parties to collaboratively decide on critical matters, including:

  • Property division
  • Child custody
  • Spousal and child support

Duffee + Eitzen offers experienced divorce mediation in Texas, spearheaded by Melinda H. Eitzen and Marilea W. Lewis, both recognized as leaders in mediation. Their extensive backgrounds in family mediation law provide clients with the confidence that their mediator understands the complexities of family law disputes.

Divorce Litigation

While divorce mediation is often preferred for its collaborative nature, some cases inevitably require the intervention of the court. Divorce litigation involves presenting your case in front of a judge, who will make binding decisions about issues such as property division, custody, and support. Though litigation can be a more adversarial process, it is sometimes necessary, especially in cases involving high-conflict divorces, abuse, or an unwillingness to cooperate. At Duffee + Eitzen, we are skilled litigators who advocate fiercely for our clients in court. We explore every possible avenue for a settlement before going to trial, but when litigation is the best path forward, we bring our depth of courtroom experience to bear.

Divorce Arbitration

Divorce arbitration offers an alternative to litigation, allowing couples to resolve disputes in a private setting. In arbitration, an arbitrator functions similarly to a judge but without the constraints of the court system and within a private setting. Arbitration provides a more flexible and timely resolution, making it an appealing option for couples who want to avoid the delays and costs associated with court proceedings and maintain privacy. Our attorneys can guide you through the arbitration process, ensuring that your rights and interests are protected while reaching a resolution that works for your family.

Divorce Collaboration

Collaborative divorce is another alternative dispute resolution method where both spouses, with the help of their attorneys, work together to negotiate the terms of their divorce.
This approach is particularly beneficial for couples who want to minimize conflict and protect their children from the stress of divorce. Our family collaboration lawyers are well-versed in the collaborative process, helping clients achieve outcomes that prioritize the well-being of their family. Learn more about our collaborative divorce approach.

Schedule a Mediation with Duffee + Eitzen

At Duffee + Eitzen, we understand that every family is unique, and so is every divorce. Our team of experienced mediators, including Lisa Duffee, Melinda H. Eitzen, Judge Marilea W. Lewis, and Jodi Bender, bring unparalleled expertise to the table. Whether you’re facing a high-stakes divorce with complex financial matters or a contentious custody battle, we are here to guide you through the divorce mediation process with empathy and strategic insight.

By choosing Duffee + Eitzen, you gain access to Dallas family law mediators who are leaders in out-of-court divorce settlements. We are committed to helping you find creative solutions that meet your family’s specific needs while preserving your financial and emotional resources. Click here to request a mediation with Duffee + Eitzen.

Frequently Asked Questions

What are the steps of mediation in Texas?

Mediation in Texas generally follows a structured but flexible process aimed at helping parties resolve their disputes outside of court.

The typical steps include:

  1. Initial Agreement to Mediate: Both parties agree to participate in mediation, either voluntarily or because it was ordered by a court.
  2. Selecting a Mediator: The parties choose a neutral third-party mediator, either by agreement or through a court appointment. The mediator is often an attorney, judge, or trained professional in conflict resolution.
  3. Pre-Mediation Preparation: Each party, often with their attorneys, gathers necessary documents and information relevant to the dispute. The mediator may request written summaries from both sides outlining the issues.
  4. Negotiation and Discussion: The mediator facilitates discussions between the parties to explore possible solutions. The mediator may meet with the parties individually to assess their positions and identify areas of compromise.
  5. Developing Solutions: Through negotiation, the parties work with the mediator to develop potential settlement options. The mediator helps narrow down the issues and encourages compromise on key points.
  6. Reaching an Agreement: If both parties reach a settlement, the mediator helps draft a binding agreement that outlines the terms of the resolution. This agreement is then signed by both parties and can be submitted to the court for approval, if necessary.
  7. Finalization: If the mediation leads to a resolution, the agreement becomes part of a court order. If no agreement is reached, the parties may proceed to trial, but the discussions in mediation remain confidential and cannot be used in court.

Mediation offers a less formal, often quicker and more cost-effective way of resolving disputes compared to going to trial. The process encourages open communication and allows the parties more control over the outcome.

What is the difference between a mediator and an arbitrator?

A mediator facilitates discussions between both parties individually and together, helping them reach an agreement but is a facilitator not a decision maker. In contrast, an arbitrator listens to both sides and makes binding rulings on the issues at hand, much like a judge would. The primary difference lies in the decision-making power: mediators do not decide the outcome, whereas arbitrators do.

What is the difference between collaborative divorce and mediation?

Mediation is a tool that is available in both the litigation and collaborative approaches to divorce.

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When it comes to navigating life’s most complex family law issues, your legal team matters. Let our strategic, compassionate, and experienced Dallas family lawyers guide you through this time.

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ATTORNEY SPOTLIGHT

Melinda Eitzen

Founding partner Melinda Eitzen is a trailblazer in family law and collaborative practice. A credentialed Collaborative Law Master, award-winning author, and dynamic leader, she’s shaped the legal community through advocacy, mentorship, and innovative solutions.

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Before you even decide to get a divorce, you should consult with an experienced family law attorney to better understand your rights, options, and what to expect throughout the process.

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I cannot recommend the team at Duffee Eitzen enough. The entire team worked very hard on my case and had the best outcome I could wish for. “

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