View From The Bench

Sometimes good, albeit unconventional, ideas emerge from the most unexpected places. Take, for example, a recent suggestion from a highly successful businessman I know – someone well-acquainted with litigation and certainly no stranger to mediation. Over cocktails one evening, completely out of the blue, he floated a rather unorthodox concept for family law mediations: “Mediation in the Nude.”

When we talk about “drive-by” mediation, let’s be clear—we’re not talking about anything involving a moving vehicle or a crime scene. Instead, we’re referring to a streamlined, often misunderstood process of family law mediation that can be as quick as it sounds. But just because it’s quick, does that mean it’s effective? Can a drive-by mediation truly serve as a legitimate resolution tool, or is it just a box to tick off before heading to court? In this article, I’ll unpack the concept of drive-by mediation, exploring its appropriate uses, potential pitfalls, and whether it can stand up as a real solution in Texas family law cases. As a mediator and former family court judge, I’ve seen it all – so let’s dive into this somewhat controversial topic.

Discover the secrets behind hidden cryptocurrency assets in divorce cases. Explore the intricacies of tracing and addressing digital holdings, including popular cryptocurrencies like Bitcoin and Ethereum. Gain valuable insights into the distinctive characteristics of these digital assets, grasp the risks associated with asset concealment, and uncover the significance of engaging a mediator with expertise in both family law and digital currencies. Equip yourself with knowledge and assurance as you navigate the complex realm of hidden cryptocurrency assets. Access the complete article today and conquer the complexities of divorce proceedings involving digital holdings.

Things haven't been going well. For months, you've suspected that your spouse is planning to divorce you. In today's mail, there's a statement from a bank you don't recognize. Your spouse has become secretive with their phone and computer. Lately, your spouse has been fascinated with cryptocurrencies like Bitcoin and Ethereum. There are unexplained withdrawals or expenses from your financial accounts. You're in the dark about household finances. You're worried, and you need to protect yourself!

What is essential before you can have a successful trial? Preparation!!! You would NEVER go into a contested trial if you were unprepared.  And you should never go into a mediation unprepared. You may think that you don’t need to “prepare” for a mediation, but you do!  I’ve found that if you prepare, you stand a better chance of saving your client thousands, if not TENS of thousands of dollars.  That alone should be impetus enough to prepare for mediation. 

Did you know mediation can be ordered during an appeal? In Texas, appellate courts have the authority to require parties to mediate, even while a case is under review. Discover the ins and outs of mediation during appeals in our latest blog post. Learn about the procedures, rules, and benefits mediation offers to all parties involved.

You've just been served with divorce papers. Either you've been expecting this day, and there is a sense of relief, or you have been entirely blindsided and are now in complete shock. Regardless, you must pull yourself together and react, and you must do so quickly.

NEW RULE! Effective February 1, 2023, TRCP Rule 21d, "Appearances at Court Proceedings," is implemented and TRCP 21(b) is amended to change the terminology from "Service of Notice of Hearing" to "Service of Notice of Court Proceeding." This order requires notices to include information for participants to participate in proceedings, including location/instructions for electronic participation, the court's contact information, and evidence submission instructions. Courts must also publish information for participants to participate in proceedings.

Divorce is never easy. It's an emotional and frightening time, even under the best of circumstances. But there are some things you can do now, before a suit is filed, to protect yourself and relieve the anxiety and stress you are feeling. A little preparation goes a long way should divorce become necessary or imminent. Here are some tips that may be helpful. And...don't forget to mediate!

Armatys Millard, PLLC, offers mediation and arbitration services for all types of family law cases, including divorce, custody, modification, and complex property disputes. Located in Historic Downtown Richmond near the Justice Center, our well-appointed offices provide a comfortable and relaxed atmosphere with high-speed wireless internet access and ample onsite parking.