Mediation often serves as a first step in resolving high-net-worth disputes, but when it fails, court preparation becomes crucial. This involves meticulous planning and coordination for the challenges ahead.
In the video, Attorneys Tyler Monahan and Heather Ogier of Turner-Monahan PLLC discuss the critical steps for preparing for court after unsuccessful mediation in high-net-worth cases, emphasizing thorough preparation and the integral role of paralegals. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Mediation Outcomes and Preparing for Court
In an ideal situation, everyone would reach an agreement during mediation. However, this isn’t always the case, especially in high-net-worth disputes. When mediation doesn’t result in an agreement, it’s important to understand what court proceedings look like and how to prepare for them.
Trial Readiness and Witness Preparation
Being ready for trial doesn’t just mean having your legal arguments in place. It also involves preparing voluminous document binders and engaging with witnesses and experts. This process, which Atty. Tyler Monahan, referred to as “woodshedding,” involves discussing the case with witnesses to understand their perspectives without attempting to influence their testimonies. It’s crucial to know what witnesses might say in court to prepare adequately.
Final Steps Before the Trial
Once mediation concludes without an agreement, you likely already have a trial date set. The next steps involve finalizing all preparations: compiling a witness list, an exhibit list, organizing binders, and ensuring that all discovery is supplemented at least 30 days before the trial.
The preparation is intensive—expect to spend multiple hours on trial preparations for each hour expected in court. Specifically, you might find yourself dedicating anywhere from 50 to 70 hours of preparation for a full day in court. This time is spent discussing strategies, preparing witnesses, organizing documents, and ensuring everything is in order for a smooth trial process.
The Role of Paralegals in Trial Preparation
It’s not just attorneys who are busy during this time; paralegals play a critical role. In high-net-worth trials, a paralegal is essential for organizing and making the trial process efficient. Their involvement, however, also adds to the client’s costs.
Texas Family Law Considerations
When preparing for a trial following unsuccessful mediation in high-net-worth cases, it is essential to understand specific statutes under the Texas Family Code that guide and dictate the proceedings. Here are several relevant sections and their implications:
Texas Family Code Sec. 6.602 (Mediation Procedures): This section outlines the requirements for mediation in family law disputes. It emphasizes the voluntary nature of mediation and its confidentiality, which can impact how information disclosed during mediation is treated in subsequent trial preparations.
Texas Family Code Sec. 6.703 (Jury): This section allows for a jury trial in dissolution of marriage suits, with the exception of suits to annul an underage marriage. Understanding this option is essential as it influences the trial strategy and preparation, especially in high-net-worth divorce cases where the stakes and complexities are significant.
Texas Family Code Sec. 6.711 (Findings of Fact and Conclusions of Law): After a judgment in a dissolution of marriage, this statute requires the court to provide written findings of fact and conclusions of law upon request. This includes the characterization and valuation of assets and liabilities where there is disputed evidence. For parties involved in high-net-worth disputes, this detailed breakdown can be crucial for appealing or understanding the court’s decisions regarding asset division.
Texas Family Code Sec. 9.006 (Enforcement of Division of Property): This section provides the court the authority to render further orders to enforce or clarify property divisions made in the divorce decree. For high-net-worth individuals, where asset division can be complex and extensive, this statute ensures that the decreed division is implemented effectively and any ambiguities are addressed post-trial.
Texas Family Code Sec. 153.0071 (Alternate Dispute Resolution Procedures): This section highlights the use of alternate dispute resolution mechanisms like arbitration and mediation in suits affecting the parent-child relationship. Specifically, it stipulates the conditions under which a mediated settlement agreement is binding and enforceable. In high-net-worth cases, where settlements can involve significant assets and custodial arrangements, understanding the binding nature of such agreements is vital for both legal strategy and client advisement.
These sections of the Texas Family Code provide a framework for attorneys to follow as they prepare for trials in high-net-worth family law disputes, ensuring that all legal procedures are adhered to and that the parties’ rights are protected throughout the process.
Read more about choosing between mediation, trial, and arbitration: Which is the best alternative? here.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Effective preparation for court following unsuccessful mediation in high-net-worth disputes is essential. It involves not only a detailed understanding of legal requirements under Texas Family Law but also meticulous coordination of all elements necessary for a successful trial outcome.
If you’re in the DFW area and facing family law challenges, Turner-Monahan, PLLC is ready to help. We offer a free consultation to look into your specific case and find the best path forward, ensuring your rights are always protected. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Are The Different Grounds For Divorce That Are Recognized In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Does A High-Net-Worth Divorce Look Like Today?
- What Can Be Used Against You Legally In A Divorce?
- How Long Does A Divorce Take If The Other Person Doesn’t Respond?
- Can We Get A Divorce In Texas If We Were Married Overseas?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
