Mediation is common for many types of cases in Texas from car wrecks, medical malpractice, fraud, and most definitely divorce and custody suits.
What is mediation?
Mediation is the process where an unbiased third-party attorney tries to work out a settlement agreement between two or more parties. The parties are placed in separate conference rooms with their respective attorneys, and the mediator goes back and forth between the rooms throughout the negotiation process.
When mediation is required
Family law cases in East Texas often require mediation. Many courts in Tyler and Longview will not even schedule a final hearing date until the judge has seen evidence that the parties attempted mediation.
Even if the court does not mandate it automatically, an attorney may file a motion with the court to require mediation to force the other side’s participation. If the judge signs that motion, then mediation is required.
That does not mean the parties must settle at mediation, but they are required to attempt to reach a settlement agreement.
When mediation is optional
Even if the court does not require mediation, most family law attorneys attempt mediation prior to a final court hearing. One, it is much cheaper for our client if a case settles in mediation rather than at a trial. Two, judges and juries are unpredictable; mediation allows our client to participate in the agreement process.
If a case settles in mediation, the agreement reached (called the mediated settlement agreement) is filed into the case. Judges, generally, have no authority to change or override a mediated settlement agreement. If the case does not settle in mediation, any settlement negotiations from the mediation are confidential and cannot be used in court later.
The downside of mediation
Mediation is not without risks. While parties usually split the cost of the mediator, it does require our client to pay the mediator in addition to what they have paid their attorney. Also, mediation can be a way to see the other party’s hand which can be beneficial to settlement negotiations but may come back to bite you at trial.
Keep in mind that all settlement negotiations cannot be used in court later. Judges are pretty strict about this rule.
If you are in the process of filing for divorce or custody and need assistance with mediation, let us know. TLC Law, PLLC can help represent you in the mediation (and the underlying lawsuit), or we can serve as the mediator.
Request a consultation or call us at (903) 871-1714 today!
