What is mediation during the divorce process in Texas?
What is mediation?
Mediation during divorce proceedings in Texas is a form of alternative dispute resolution where an impartial third party, known as a mediator, facilitates communication between the divorcing parties to promote reconciliation, settlement, or understanding among them. The parties never have to see each other if they do not desire to. The parties are placed in separate rooms and the mediator goes back and forth between the rooms to facilitate communication in an attempt to reach an agreement. This typically involves a series of meetings or sessions where the mediator helps the parties explore options for resolving their disputes, which can be on the same day or over multiple days if necessary. The Texas Family Code allows a trial court to refer a suit for the dissolution of a marriage to mediation either on the written agreement of the parties or on the court’s own motion. Mediation can result in a mediated settlement agreement, a partial mediated settlement agreement, or no settlement at all.
Why would I go to mediation?
Mediation is particularly encouraged, and is often required, in family law disputes to facilitate amicable resolutions and reduce the need for contentious court proceedings. The process is confidential, and mediators are prohibited from imposing their own judgment on the issues. The goal is to reach a written settlement agreement that resolves some or all of the issues in dispute, which can then be incorporated into the final divorce decree.
Is the mediation process confidential?
Communications made by a participant in an alternative dispute resolution procedure, including mediation, are confidential, not subject to disclosure, and may not be used as evidence against the participant in any judicial or administrative proceeding. A mediator should not reveal information made available in the mediation process unless the affected parties agree otherwise or as required by law. The settlement offers presented during mediation are not admissible in court and are prohibited from being used against the other party after the mediation is over.
What is a mediated settlement agreement?
If the parties reach an agreement at mediation, the mediator will draft and present the parties with a mediated settlement agreement (MSA). An MSA is binding if it meets specific criteria: it must state prominently that it is not subject to revocation, be signed by each party, and be signed by the party’s attorney if present. If these conditions are met, a party is entitled to judgment on the MSA notwithstanding other rules of law, and unilateral withdrawal of consent does not negate its enforceability.
What is a partial mediated settlement agreement?
At mediation, parties may reach an agreement on some issues while leaving some others unresolved. The Texas Family Code allows for mediated settlement agreements to be binding even if they do not cover all issues, as long as they meet certain formal requirements. For example, a mediated settlement agreement can resolve issues of conservatorship of the children while leaving marital property issues to be tried in court.
Do I have to settle in mediation?
No, it is not mandatory to reach a settlement during divorce mediation in Texas. While mediation is often required in contested divorce cases, the parties are not compelled to reach a settlement. A mediator may encourage and assist the parties in reaching a settlement but cannot compel or coerce them into an agreement. Therefore, while participation in mediation may be mandatory before the parties can go to trial, reaching a settlement in mediation is not.
Have questions about mediation or the divorce process?
Find a trusted attorney that can help you assess your options during divorce. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
