Dallas Mediation Attorneys

Is Mediation Required in Texas Family Law Cases?

Family law cases involving divorce, child custody and visitation, alimony, and other issues can be contentious and challenging. These cases are often rife with hostility and bitterness between parties who often find it difficult or even impossible to agree on anything. Where agreement can be reached between the parties to begin with, the divorce process obviously will proceed much faster. Where agreement and compromise cannot be reached, hashing it out in court will likely occur which can be a protracted, expensive, and emotionally draining process.

Enter the process of mediation which is one of the methods used often in divorce cases where the issues related to the children and the marital property need to be resolved. While the state of Texas does not actually mandate the mediation process in divorce as some states do, it is often required by family court judges. Of course, it would not be required in cases where the parties have already come to an agreement. But in cases where that has not happened, a judge may require the mediation process before granting a trial.

OWLawyers® is available to take your calls at (214) 348-6723 or you can contact us online to schedule a consultation with one of our experienced attorneys.

The Mediation Process

The word mediate means to “intervene between people in a dispute to bring about an agreement.” The mediator is a third party who is neutral and whose job is to facilitate the negotiation between the disputing parties so as to help bring about a resolution.

The mediation process attempts to do this through the following format:

• Each party remains in a separate room from the other party with his or her own lawyer; it is not necessary for the parties to face each other although later in the negotiations this can be done if the parties agree to it
• The mediator then goes back and forth between the two parties and their respective attorneys, presenting proposals, perhaps making suggestions as to how to state something or how to better negotiate an issue, and trying to help the parties agree until an agreement is reached
• If the parties reach an agreement between them, the agreement is then written into a mediated settlement agreement which can then be used in court as the basis for an order or decree to be signed by the parties, their attorneys, and the judge

Mediation differs from arbitration in that it is left up to the two parties to either agree or not agree. An arbitrator has the task of making a determination on the issue. A mediator does not and even if an agreement is reach, either party can back out by refusing to sign the final mediated settlement agreement. When such a stalemate has been reached, the case will need to be litigated before the judge.

The mediator’s ultimate goal is the signing by both parties of the mediated settlement agreement. To that end he or she can communicate options, proposals, offers, and suggestions to help the parties along. But mediation is voluntary, meaning each side has the option to decline to agree to the final agreement. This is an important aspect of mediation because once a mediated settlement agreement is signed by both parties, it will become binding and turned into an enforceable court order.

Experienced Texas Family Law Legal Representation

If you need a divorce attorney to represent you in mediation related to any divorce issue, you can rely on the expertise, skill, and dedication you will find at OWLawyers® Our elite legal team has more than 155 years of combined legal experience to apply to your case. Our track record of successful results has led to may awards garnered by our attorneys, such as Super Lawyers listings, a Superb 10.0 rating by Avvo, and Best Lawyers/Best Law Firms according to U.S. News & World Report.

Contact us at (214) 348-6723 to get the legal guidance and protections you need today.