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Frequently Asked Questions Below:
What is mediation?
Mediation is a meeting of parties in dispute that is led and guided by a professional mediator. Mediators have the skills to facilitate discussions and assist parties in the resolution of their conflicts. Once agreement is reached, the mediator formalizes the agreement in a written Mediated Settlement Agreement. Once the parties sign the agreement, it becomes a legal contract and is legally enforceable.
I already have a court date. Why do I have to go to mediation?
Most judges in Family Court and many in Civil Court require mediation before the final court date. Judges recognize that the best agreements are those made between the parties themselves. Also, in court, the judge is narrowly limited in what she/he can consider in any particular case. In mediation, the parties are not bound by the same restrictions and can often craft a unique settlement that fits both of their needs.
I’m afraid of my spouse. I don’t want to mediate with him/her. What should I do?
In cases where domestic violence is or has been an issue, please let your judge and/or mediator know. No one wants any party to be afraid or concerned for their safety. Judges will often waive the requirement for mediation in these cases. Other options include having the parties in different rooms for the mediation or even having one or both parties mediate from a remote location via video-conferencing.
How does mediation work?
Generally, the mediator begins by giving an introduction, including some ground rules and confidentiality information. Then, the mediator will ask the parties to present their view of the issues at hand and to express their desired outcome for the mediation. After both parties have had a chance to speak, then the mediator will guide the parties through discussions and negotiations. Sometimes the mediator will move the parties to separate rooms for further discussion one on one. These private sessions are called caucuses. The parties may move between general sessions and caucus sessions as the mediation progresses. Usually the parties return to general session for final remarks and the signing of the Mediated Settlement Agreement, if an agreement has been reached.
In certain instances, the parties choose to be in separate caucus sessions for the entire process. In these cases, the mediator moves back and forth between the rooms, working with the parties and conveying information until a settlement is reached.
In some cases, the parties agree on some items but not on others. In this situation, the parties can agree to a partial agreement. Even a partial agreement can save time and money by reducing the items that must be decided in court. An impasse is declared if the parties cannot find agreement on any of the issues or will not agree to having a partial agreement.
How do I choose a mediator?
First, make sure the mediator you choose has the training and certifications required for your state and the type of mediation that you need. Look to see if they belong to any credentialing associations, such as the Texas Mediator Credentialing Association. After identifying a few possible mediators, call and speak with them. Different mediators have different mediation styles and have different perspectives about the mediation process - a conversation will help you find a mediator you are comfortable with.
Who does the mediator work for? If I hire them, don’t they work for me?
The mediator is required by ethics to be a neutral third party in the mediation process. The mediator’s role is to facilitate discussion so the parties can reach mutual agreement. The mediator should help the parties understand different options and to reality test the options offered, but should never advocate for a particular position. In cases of a divorce involving children, the mediator does have the obligation to keep the parties focused on reaching decisions with the best interest of the children in mind.
Helpful Resources
Texas Law Help - Frontpage | Texas Law Help
Montgomery Co., TX Law Library - Welcome to Montgomery County, Texas (mctx.org)
Harris Co. TX Law Library - Harris County Robert W. Hainsworth Law Library (harriscountylawlibrary.org)
