Foggy Lake

Mediation
&
Our Approach

We are passionate about the benefits of mediation for most family law matters and how this structured, intentional process can dramatically improve communications and outcomes, ultimately creating a more peaceful experience of the family law matter.

 

Alyson Falk is a credentialed mediator of family law matters in Texas. To inquire about Alyson Falk’s availability to serve as a mediator of your family law dispute, please Contact Us now.

What is Mediation?

With respect to family law matters, mediation is a confidential dispute resolution process where a third-party, the Mediator, confers with each party separately and facilitates resolution of some or all disputes related to their family law matter.

 

Most family law matters are resolved using mediation or other dispute resolution models. If your matter is resolved at mediation, you will enter what is referred to as a Mediated Settlement Agreement—a contract that has the strength of a Court order in that it is binding, irrevocable, and enforceable.

 

Is Mediation Right For My Case?

Mediation is strongly encouraged for the resolution of most family law matters. However, it is not right for every family law matter. If your family law matter involves domestic violence or other dangerous circumstances, mediation may not be advisable. It is important to confer with your family law attorney or the mediator before scheduling a mediation if this applies to your situation.

 

How Is Mediation Structured?

Mediation of family law matters in Central Texas is most often conducted using caucusing, which means you and your attorney, if you are represented, are in one room, and the other party is in another room with opposing counsel. The mediator goes back and forth between the rooms sharing settlement proposals and facilitating resolution of disputed matters.

 

Since the Pandemic began, most mediations are very effectively conducted via Zoom, though some may occur in person depending on the circumstances of the case and the level of comfort for all involved.

How is Mediation “Confidential?”

There are a few layers of confidentiality involved in mediation of family law matters. The first is within your room with your lawyer, if you are represented. Everything that happens in your room is confidential from the other party’s room except for the information and offers you authorize the mediator to share in the other room, and vice versa.

 

Secondly, the entire mediation experience is confidential from the Courthouse, which means that the Court will only ever know whether you attended mediation and whether it was successful. The offers you exchanged at mediation are confidential from the Courthouse so that parties cannot use them against each other at later court appearances in the event mediation does not resolve all disputes. This confidentiality is meant to encourage parties to work hard to reach agreements that avoid bringing their matter to the Courthouse.

 

The third layer of confidentiality is the most important—it is between you and your lawyer. Even though the mediator is prohibited from sharing information in the other room that you do not authorize, if you ever wish to dismiss the mediator to have a confidential conversation with your attorney, you may do so at any time.

To learn more about mediation, please visit our BLOG page for articles written by Alyson Falk regarding mediation and other family law matters.