Mediation is a form of alternative dispute resolution that offers a different approach to resolving family disputes outside of traditional litigation. Instead of a contentious hearing in front of a judge, both parties and their lawyers meet with a neutral mediator to try to reach a settlement.

In our experience as Texas family law lawyers, mediation is an effective tool, even among couples who are skeptical going into it. Having a third party bridge the gap between you and your spouse helps you find common ground you never knew existed. 

About Family Law Mediation in Texas

Mediation is different from the traditional approach to divorce. Instead of a trial before a judge in open court, this process occurs privately with only a neutral mediator present with the parties. Both sides are typically in separate rooms, although some mediators may try to have everyone together when facilitating a discussion. The process is private.

Is Mediation Mandatory?

Yes, it can be. Family court judges can require parties to enter into mediation. Before a judge will schedule a trial, they can order both sides to participate in mediation in hopes of finding a resolution. While it is not mandatory, many judges require it in every case before setting a trial date.

Mediation is only necessary when there are outstanding issues that must be resolved. If the parties reach an agreement on their own, there is no need to go through this process before the court will review the negotiated terms.

The Role of a Mediator

The role of the mediator is not to hear evidence or pick a winner. They do not make a decision at the end or even recommend a possible outcome. His or her effort is focused on narrowing down the contentious issues that have not been resolved and finding a solution.

The mediator will often take proposals back and forth between the parties with the goal of finding common ground. If they can bring about an agreement on all of the outstanding issues in a case, the parties can submit the proposed settlement to the court for approval. Mediation is not always successful. If the two sides are unable to agree, the divorce case will proceed as scheduled. 

Are Mediation Proceedings Confidential?

Yes, mediation proceedings in Texas are confidential. Anything said or disclosed during mediation cannot be used as evidence in court if the mediation fails, according to Texas Civil Practice and Remedies Code Section 154.073. Mediation is about creating an environment where both parties feel comfortable to have productive and meaningful conversations. Ensuring those conversations remain confidential prompts open discussion and negotiation.

Learn More About Family Law Mediation

If you are facing the prospect of divorce, mediating your disputes could be a good use of your time. For many couples, this process allows them to protect their privacy and avoid the cost of a litigious divorce by resolving any remaining issues with the help of a mediator.

You have the right to hire an attorney to assist you during this process. At Barton & Associates Attorneys at Law, PLLC, we understand how to get the best results possible out of mediation to help alleviate a high-conflict divorce. Contact us today to learn how we can help.