Questions from a reader

How many mediators do you have available for post-divorce mediation dealing with possession?

We have about 110 mediators on our roster; about half are qualified to mediate this type of case!

How soon can one get a session setup?

A mediation can be arranged within 7 to 10 days of the request call to the Center.

What is the cost?

If you live in Travis County; it will cost $35.00 per party for a Community Based Mediation.

Do the parties usually split the cost?

Except in unusual situations, each party bears the cost of their participation (a “party” is an individual or group who represents a particular side to the issue—therefore a “party” may consist of a a couple for instance.

Is the final agreement binding and enforceable even if it is different than the final divorce decree?

Travis County Judges tend to incorporate mediated agreements as modification to a decree but this is a legal step that occurs post mediation.

Is legal representation required?

Not for the mediation; individuals and groups often come to their own agreements then take it to their attorneys for a “third legal eye review” . The attorney can take your agreement and file for modification in one of the Family District Courts if you require this legal teeth. Individuals use this process when they feel they might need some recourse in the future if the other party does not comply with the agreement.

Location for Basic Mediation?

Good Afternoon, I’m wondering what the location is for the Basic Mediation classes. I’m very interested!

Kris responds:

Our 40 Hr classes are held at The Dispute Resolution Center located at 5407 North IH35, Ste410, Austin, Texas. This is the Capital Plaza Shopping Center in the Chase Bank Building (4th floor) which is located on the east frontage road of IH 35 between 51st and 290East. Join us soon!

Certificate of completion?

Hi Kris

I am interested in taking this course. I was wondering, upon completion of the course, does the student receive a certificate?

Kris responds:

Hello Tammie, Yes you will receive a certificate of completion stating the number of hours that you participated. If you do not complete the full 40 hours, you will receive a certificate stating the number of hours documented during your training. I hope to see you in one of our classes!

Part-time mediation?

From a police officer:

I am a police officer in Texas and I want to get a part-time job in mediation.. How do I go about that? I want to get into the line of mediation that pays…can ya help me? thanks!.

Kris responds:

We love to hear from law enforcement officers who see the benefit of mediation in community problem solving.

Your question is a hard one and I get questions like this from many fields. The short answer is, “it is very, very difficult” to make a living as a mediator. However, police departments are rising to the challenge of public accountability particularly when citizens have registered complaints. The Austin Police Department now has a program whereby citizen complaints are investigated for appropriateness for mediation and, if so, then a referral to the Dispute Resolution Center occurs. My advice is to look within your own police department or those that offer such a service. Better yet, propose to develop such a program. Those departments that are using mediation within their Internal Affairs Departments are reporting success. Give Larry Oliver a call at APD 512-974-5701 if you would like to investigate their program further. He might know of where in the Dallas/Ft. Worth metroplex, similar programs are launching.

The most important thing you are doing is putting the “peace” back into the term “peacekeeper” for your valuable role in the community.

Child support calculation?

From a Single Mom:

My ex and I have been divorced 10 yrs. He is now remarrying and our son, who is 15 will be living with me full time. We need to determine child support amount to be paid and get legal papers submitted. Could you tell me how child support is figured? Is it a percentage of salary? Do we need to figure out monthly costs involved? Please let me know how I can proceed in a quick and inexpensive way. Thank you.

Kris responds:

The quickest way to proceed is to consult a Family Lawyer who can advise you in this matter. The Austin Bar Lawyer Referral Service (www.austinlrs.com) 512 472-8303 can recommend a good one.

In response to your questions regarding how child support is determined, there is a section of theThe Family Code, Chapter 154; Child Support Subchapter A that explains how the court will establish the amount of child support to be paid. This represents the minimum required and parents often make adjustments beyond the basic child care support in the best interest of the child.

While the state will mandate the child support dollar amounts, many post divorce, co-parenting teams use mediation as a way to facilitate the details of how child support is to be used and the most effective way to parent a child after divorce and/or remarriage. A family mediator can assist you and your ex-husband in this endeavor. For independent research, please consider the following link to the laws affecting the area of child support.

http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000154.00.htm

ADR for sole custody?

from a reader:

I have a question, is a adr required for all custody orders when though one parent has sole custody?

Kris responds:

(in accordance with Susan Cefai, JD, Family Mediator, the following is offered in response to your question).

As of September 1, 2005, all final orders in suits affecting the parent-child relationship must incorporate a “final parenting plan” (Tx. Family Code, Section 153.603). One of the requirements of the plan is that it include a provision for “a dispute resolution process or other voluntary dispute resolution procedures” before either parent can go back to court. There is no exception for cases where a sole custody arrangement is in place, the only exceptions are for cases where family violence was present, or it is shown that the dispute resolution procedure would not be in the best interest of the child (Tx. Family Code, Section 153.0071)

Continuing education requirements?

from a mediator in the past:

I took the mediation course about 10 years ago, are there continuing education requirements to maintain certification?

Kris Responds:

The certificate of completion for your coursework in mediation is still valid and there is no “expiration date” on it. To voluntarily seek credentialing in Texas as a mediator, there are requirements including continuing education. These requirements are dependent upon the level of credentialing sought. You can research this independently at: www.txmca.org which stands for The Texas Mediator Credentialing Association.

Mediation to resolve money dispute?

A reader writes:

Hello. I have a situation that resulted when I sold my home in Houston in October 2005 (I currently live in Austin). I am trying to find a way other than small claims court to resolve my problem. Do you mediate situations like this? And would I need to contact someone in Houston because that is where the dispute took place?

To give you the short version; at closing of our home we paid taxes based on 2004 year because 2005 was not available. Which meant when the taxes did come out we saw that we had paid about $650 over actual taxes. The buyers are refusing to reimburse us the money. Any information would be appreciated.

Kris responds:

This is a good example of a “mediatable” dispute. It doesn’t really matter which county (Harris or Travis) but it might make sense to mediate the case at the Dispute Resolution Center there in Houston, since the other parties would be more likely to come to your requested mediation table if it was convenient for them. You can reach that center located at:

The Dispute Resolution
Center 49 San Jacinto, Ste 220
Houston, Texas 77002-1223
(713)755-8274 FAX: (713)755-8885 Phone: (888)292-1502 
www.drchouston.org

CLE Credit?

A reader writes:

Does advanced family mediation course have CLE credit? If so, how many hours?

Kris’s response:

Susan Cefais, JD, Private Mediator and Trainer, provides the Family Mediation Course for the DRC twice per year. In response to your question:

The Family Course will yield 27 hours and 3 hrs of ethics. I hope to see you in one of our courses.

40 Hour Basic Mediation Course Instructor?

A reader writes:

How does one go about becoming certified as a 40 Hour Basic Mediation Course Instructor in Texas?

Kris responds:

The DRC just celebrated its 100th 40 Hour Basic Mediation Course with its trainers from the Corder, Thompson & Associates, Inc. I have forwarded your question to its president, Mary Thompson who responded:

There is currently no credentialing process for mediation trainers in Texas. There are, however, standards for mediation training programs that were developed through the Texas Mediator Trainers Roundtable. The standards can be found at www.tmtr.org. Although these are voluntary standards, The Texas Mediator Credentialing Association requires that, as a condition of being credentialed, mediators must complete a basic mediation training course that meets the TMTR standards. In addition, the Association for Conflict Resolution approves family and divorce mediation training programs. Their standards can be found at www.acrnet.org/referrals/tr-guidelines.htm.