What is Mediation and Why You Should Mediate Your Case

What is Mediation and Why You Should Mediate Your Case

Mediation in family law matters, child custody, child support or other family law cases in Texas
is a process where a neutral third-party mediator helps couples negotiate the terms of their family
law matters, custody agreement, or child support agreement. The mediator facilitates
communication between the parties, encourages understanding, and assists in finding mutually
acceptable solutions regarding issues such as child custody, property division, spousal support,
and other relevant matters.
Here are some key points about mediation in family law cases in Texas:
1. Voluntary Process: Mediation is typically voluntary, meaning both parties must agree to
participate. However, a court may order mediation in some cases.
2. Confidentiality: Mediation sessions are generally confidential, which means that
statements made during the mediation cannot be used in court if the mediation does not
result in a settlement.
3. Control: Unlike a court trial, where a judge makes the final decisions, mediation allows
both spouses/co-parents to have more control over the outcomes and encourages
cooperation in reaching agreements.
4. Cost-Effective: Mediation can be more cost-effective and quicker than traditional family
law matter trials, as it often reduces legal fees and court costs.
5. Legally Binding: If the parties reach an agreement during mediation, they can put the
terms into a formal settlement agreement, which can be incorporated into the final family
law matter decree and becomes legally binding.
6. Child Custody and Support Focus: Mediation can be especially beneficial in family
law matter cases involving children, as it allows parents to negotiate custody and
visitation arrangements that are in the best interests of the children.
7. Qualifications of Mediators: In Texas, mediators can be attorneys, mental health
professionals, or trained mediators who have completed specific training in mediation
techniques.
Overall, mediation can be a more amicable and effective way for couples to navigate the
complexities of family law matters while aiming for a resolution that works for both parties,
particularly when children are involved.