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An alternative to divorce Litigation is divorce Mediation

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About Divorce Mediation

The Truth Is....

Mediation can be voluntary or court ordered and is the court's preferred method of resolving divorce cases.


A mediated divorce won't be slow, expensive or excessively emotional compared to going to court.

Through mediation, the parties save thousands of dollars in legal fees, avoid a lot of anxiety and stress, make better parenting choices and control all of the decisions about their case. 

Mediation is private and confidential. It is not a public display of your personal problems unlike going to court.


 Mediation will end the conflict quicker than going to trial and preserve a more amicable relationship, which is in the best interest of your child(ren).

What is Divorce Mediation?

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Divorce mediation is an out-of-court private process in which a neutral third party (a Mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case. This includes custody and visitation, child support, parenting plans, spousal support, plus property and debt division.  A mediator does not act as a judge, arbitrator, or counselor, but instead assists the spouses in reaching a voluntary agreement.


Divorce Mediation has many benefits over Divorce Litigation, including:


  • Mediation is less expensive than using a lawyer to take the same case through the courts (mediation typically ranges from $500 to $2500 whereas a litigated divorce can cost $10,000 to over $100,000 depending on the specifics of the case.)
  • Mediation is less formal than going to court.  You meet in a private office as opposed to an open courtroom.
  • Mediation is quicker  than going to court, taking hours to days to settle while going to court takes months to years.
  • Mediation is confidential, there’s no public record of what goes on in your sessions (as opposed to a public courtroom where a recording of all proceedings is made)
  • In Mediation, you and your spouse (not a judge) are in control of the decision-making process, and you have more flexibility in arriving at your own solutions
  • Mediation can help improve communication and make future interactions with your ex spouse easier (especially important if you have children together)
  • In Mediation, you may have your lawyer present and ask for advice if you wish. 


Once you reach an agreement, for example, agreeing on a parenting plan, the mediator will reduce the agreement to writing in what’s known as a “Mediated Settlement Agreement” or (MSA).  Once both you and your spouse sign the agreement, it is a binding and irrevocable agreement that gets filed with the court. If you and your spouse have both hired attorneys, they will use your MSA to compose the more formal, final divorce paperwork that will be presented to the court for signature.


If mediation isn't working, or if you and your spouse have reached agreement on most, but not all issues, you will probably end up in court, where a judge will make the final decisions on any remaining divorce issues.


If there is a history of domestic violence in your relationship, you may not really be in a position to engage in mediation. If you're in this situation, you should contact an attorney and the local police department and/or domestic violence advocates for help. The National Domestic Violence Hotline number is: (800) 799-SAFE.

Top Reasons Why You Want to Mediate Custody Disputes

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 1. Reduced Costs –  To settle the issue of legal conservatorship and custody in court,  an individual must hire an attorney in order to properly and efficiently present all of his evidence and arguments throughout the proceedings. If your spouse is willing to compromise and negotiate what is in the best interest of the child(ren), the cost and outcome will better suite both parents and the kids.


2. Quicker Resolution – Court cases can take months or even years before a decision can be made. That’s because there are several different legal mechanisms that lawyers can employ in order to challenge the judgement of the courts.  If the parents can reach an agreement through mediation then the court must abide by their decision.


3. Better Process – Court cases are often seen as a weapon against divorcing couples prompted by opposing attorneys. Individuals who choose to settle disputes in court rarely ever leave on good terms.  In mediation, one of the primary goals is to preserve a positive relationship between the parties for the sake of the child(ren)

Biography

Joseph E. Halcarz, Sr., Ph.D.

  

Joseph E. Halcarz, Sr., Ph.D.  brings a wealth of experience and insight as a neutral third party to the field of mediation.  As a non-lawyer mediator, Joe does not focus on rights, obligations and remedies as is custom in litigation, but rather, he focuses on issues, positions and interests to identify what the parties want and need to resolve the issues of their case.


Joe received his doctorate degree in Education from Somerset University where he also earned his MBA. He received his undergraduate degrees from Purdue University. 


He received his 40 hour Basic Mediation training from the University of Texas at Arlington and his 30 hour Family Mediation training from the Dispute Resolution Services of North Texas. 


Since 2013, Joe is qualified to be a court appointed mediator and has mediated many divorce settlements most of which included property division and children.  His standard billing rate is $150 per hour with a 4 hour minimum.



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The civilized way to divorce....

Joseph E. Halcarz, Ph.D. Mediations

405 Hwy 121, Suite. A205 Lewisville, TX 75067

(cell) (214) 223-4694

Hours

Mon

9:00 am – 5:00 pm

Tue

9:00 am – 5:00 pm

Wed

9:00 am – 5:00 pm

Thu

9:00 am – 5:00 pm

Fri

9:00 am – 5:00 pm

Sat

Closed

Sun

Closed