The collaborative process is a “team approach.” Attorneys and clients avoid court and resolve disputes in respectful, fair negotiations. The goal is a “win-win” process. Our lawyers are trained in collaborative law.

Mediation provides a fair process for the parties to make decisions with a neutral mediator assisting the parties and attorneys in reaching a resolution. Mediation facilitates communication to promote a fair settlement. We have participated in many successful mediations.

Sometimes because of the personalities of one or both parties or the issues involved, a family law matter may require the option of resorting to the courts for their power to make final, binding decisions. Our attorneys are noted statewide for their litigation skills.

Melissa Fertel is trained in Collaborative Law, a new approach to handling family law matters. Collaborative Law is an alternative to traditional divorce focusing on a “win-win” solution as opposed to proceeding with a “win at all cost” attitude which is often more (and unnecessarily) costly. This innovative new process gives the parties control over their own resolution in their divorce. The goal in collaborative law is to resolve and settle property, custody and support issues in a manner that most affectively preserves the inevitable new post-divorce relationship between the parties and their children. Collaborative law allows the parties to craft their own divorce agreement which minimizes conflict which naturally expedites the healing process.

Under the Texas collaborative law statute, the parties agree to an open, more forthcoming divorce process and each party actively participates in every aspect of the divorce negotiations. The collaborative negotiation process takes the place of litigation. By entering into an agreement to participate in collaborative law, the parties commit to working through all their issues together with their attorneys rather seek court intervention which often has unpredictable results.

In collaborative law, each party is represented by their own attorney and the parties and their respective attorneys arrange a series of private conferences to negotiate their differences. Each party and their counsel agree in writing to make a good faith attempt to reach a mutually agreeable settlement without the court’s intervention. Many are confused about the ethical allegiances of their attorney representing them through the collaborative law process. Each lawyer must represent his/her client with the same ethical loyalty and confidentiality as they would if they were representing that person in traditional litigation. However, it is important that the attorney also understand that the way to best serve the client’s interest is to participate in collaborative law with integrity and mutual respect.

Collaborative law does not preclude either party from being entitled to obtain financial documents and other information he/she would otherwise be entitled to under the traditional litigious route. No one may go to court, or even threaten to do so, as long as they are in the Collaborative Process, however, like traditional litigation, each party is entitled to full disclosure. In the unlikely event that a party feels that court is a better alternative, the Collaborative Law process terminates and both spouses must hire new lawyers to take their case to court. While this may appear to be a drastic recourse, ironically, this is one of the key components that help make collaborative law such a success for the majority of cases committing to this process. Everyone involved becomes invested, both emotionally and financially, which keeps everyone engaged in working towards the best agreement and resolution possible.

In most family law cases, emotions and personal wounds run deep. This is especially true when children are involved. Collaborative Law helps the parties recognize and preserve relationships and obligations which often continue (and should continue) long after the suit is complete. While it is not unusual for many parents to disagree on many issues at the beginning of a divorce, often the goals of the parties change as their concerns become alleviated. However, the one thing almost every parent will agree on usually remains consistent throughout the divorce process and thereafter, is their sincere desire and commitment to protect the best interest of the children at all times. Collaborative law allows people to more easily put aside emotional issues that might cloud their judgment and their ability to focus on their goals as a parent, and for themselves. Fear, anger, ego, depression, and concern over public scrutiny are just a few of the factors that get in the way of a person’s judgment in family law cases. Collaborative law helps the parties move forward rather than dwell on the past.

You may wish to discuss Collaborative Law in further detail during your initial appointment with us to determine if this process is right for you.

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Mediation is a private process in which an impartial third person, the mediator, facilitates a resolution between parties to a conflict. The mediator encourages communication and is obligated to assist the parties in reaching a voluntary settlement. A mediator does not render any decisions on the issues in dispute nor is the mediator permitted to takes sides or act as an advisor or counselor to the parties. A mediator’s sole responsibility is to facilitate a settlement agreement.

 Mediation gives the parties control over the outcome of the disputes which is the primary reason mediation is so significant.  The parties can “micro-manage” their own settlement and create an agreement that meets their specific needs and the needs of their family. It is extremely beneficial for parties to have control over the outcome of their own case rather than litigating the case where a judge imposes an order on the parties after hearing the facts and reviewing only permissible evidence in a manner of a few short hours. Often, Courts do not have the time to craft a decision to meet the unique needs of everyone involved, which is why the parties benefit by working towards an agreement rather than looking forward to having their day in Court.   

Many courts in Harris county require that the parties attend Mediation prior to final trial. Mediation is beneficial because it gives the parties control the settlement of their divorce case helping to resolve all issues including to property and children. Mediation is usually scheduled after each party and their attorneys have had the opportunity to identify all property and issues involving children and all the facts necessary to intelligently resolve the contested issues have been considered. It is common for all issues to be resolved in Mediation, however, sometimes the parties will reach an agreement on some issues and not others. Matters not resolved in Mediation are subject to litigation.

The Mediator is generally agreed to by the parties, with the advice of their attorneys, however, the Court will appoint one if, for some reason, the parties and their attorneys cannot agree on a Mediator. There are various approaches mediators take at the start of mediation, however, it is common at mediation for you and your attorney to be in one room and the other party and their attorney to be in another room. The Mediator goes back and forth between rooms trying to help the parties reach a middle ground. This process can take several hours. Under the Rules of Mediation, everything that is said or considered during mediation is confidential. There are strict rules for mediation. In the event the case does not settle at mediation, no one is permitted to repeat in Court anything they learned in mediation or what offers or demands were made at mediation. In order to promote a free exchange of ideas and dialogue, the Mediator is permitted by the rules from  even tell the attorney or party in one room, anything that is said by the attorney or party in the other room, without express permission. The Mediator cannot be called to testify as a witness in Court regarding anything learned in mediation other than to testify that the parties and attorneys did or did not present themselves for mediation and mediated in good faith, and whether or not the parties reached an agreement.  

In the unlikely event the case does not settle at Mediation, in whole or in part, then the parties resort to the Courts to make the ultimate decisions.

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In family law matters, parties should go to trial only as a last resort. Parties should first try to resolve their differences through negotiation or direct settlement or mediation. Unfortunately, sometimes Court is necessary because one of the parties is making unreasonable demands or a party’s conduct requires it be brought to the Court’s attention.  If going to Court is necessary, The Fertel Law Firm, P.C., is prepared to litigate and zealously advocate to the Court on behalf of the client.

While the general rule is that all parties in a family law dispute are usually better served by settlement, sometimes one of the parties makes such unreasonable demands that the only logical thing to do is to allow the Court to make the final decisions. If that situation arises, The Fertel Law Firm, P.C., is prepared to present the client’s case to the Courts in a professional, experienced manner.

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