Nearly every family law case in our area gets ordered to go to mediation, or is mediated by agreement of the parties.  Mediation is nothing to fear, but is a great opportunity to settle your case without the stress and expense of a trial.  Here are a few things you should know about the process of mediation.

What is mediation?

Mediation is a way of resolving disputes outside of court.  In mediation, the parties and their attorneys meet with a third-party neutral person who serves as their mediator.  The mediator is often, though not always, a trained and experienced attorney, who can guide the parties’ discussions, help them to understand strengths and weaknesses of their case, and assist them in crafting an agreement to settle all of the issues in their case.

Why not just go to trial?

Mediation is an informal process and allows the parties themselves to negotiate and, in the vast majority of cases, agree on an outcome, instead of just living with whatever a Judge may order.  Once an agreement is made, it is reduced to writing, signed by the parties, and filed with the Court.  A Mediated Settlement Agreement (“M.S.A.”) in cases under the Texas Family Code is irrevocable.

What does mediation look like?

Unlike what you may have seen on television or the internet, the parties will not be together in a big room with their attorneys and the mediator.  Each party and their attorney will be in a separate, private conference room.  The mediator will go back and forth between the rooms during the negotiations.  In unusual circumstances, a mediation may be via Zoom, but the parties will be kept separated in different breakout rooms.

Are there rules for mediation?

In Texas, certain rules apply to mediation.  (1) The process is private and confidential.  (2) Nothing that happens in mediation will be admissible into evidence at trial, if the case cannot settle.  (3) The mediator must be neutral and cannot decide the case or force a party to accept a settlement.  (4) A written M.S.A. is binding and enforceable, as stated above.  (5) The mediator cannot give either side legal advice.

What if mediation doesn’t work?

If mediation does not result in an M.S.A., the case proceeds toward trial.  It is possible, in certain circumstances, for the Court to order another session of mediation, or the parties may agree to return to mediation at any point before trial.

How should I prepare for mediation?

If your case involves sufficient amounts of property, it is helpful to prepare a spreadsheet to help analyze your assets and debts.  You can help us do so by supplying information that we request from you in an accurate and timely fashion.  If your case involves children, you can help by making sure that you understand the issues and how you feel about what is truly in the best interest of your child[ren].  You can expect that any M.S.A. involving children will allocate parental rights and duties related to the children, parenting time, child support, and health insurance.  Take some time before mediation to give serious thought to your core issues, about which you feel most strongly.  On the other hand, also think about the issues that do not matter as much to you and about which you feel as though you can compromise.  Give the same consideration to the issues you believe matter most, and least, to the other party.