Mediation in Texas Family Law
In Texas, mediation is often a required step in family law cases. It provides a structured, confidential way for parties to settle disputes like property division or child custody without leaving decisions entirely in the hands of a judge or jury. For parents and spouses, mediation offers more control over the outcome, reduces stress, and can save time and expense compared to trial. This post walks you through how mediation works in Texas family law cases, from preparation to signing the final order.
1. What Is Mediation in Texas Family Law?
Mediation is a type of Alternative Dispute Resolution (ADR) where a neutral, trained mediator helps both sides reach an agreement. The mediator doesn’t decide the case—they guide negotiations, highlight strengths and weaknesses, and explore creative solutions. In Texas, general mediation rules appear in Chapter 154, Texas Civil Practice & Remedies Code, while family-specific mediation laws are in the Texas Family Code.
2. Preparing for Mediation
Preparation is key to a productive mediation:
Complete required forms: These include rules of mediation, an agreement to mediate, and (for pro se parties) acknowledgment of the right to counsel.
Hire legal representation if possible: Even if not required, having a lawyer ensures you understand your rights.
Gather evidence: While mediation is not trial, supporting documents and facts strengthen your position. Review our checklist for relevant documentation you can use as evidence.
Identify priorities and compromise points: Decide what you’re willing to trade in order to get what matters most.
Mediation fees are usually split between the parties, but courts may appoint volunteer mediators for those unable to pay.
3. The Mediation Process
Mediation can be in-person, virtual, or courthouse-based. Most family mediations use shuttle diplomacy - where parties are in separate rooms (physical or virtual) and the mediator goes back and forth.
Steps:
Opening session – Mediator reviews rules, ensures good-faith participation.
Private sessions – Each party explains their positions, concerns, and deal-breakers.
Negotiation – The mediator facilitates compromise, explores options, and helps the parties bridge differences.
Confidentiality – Mediation discussions stay private, with exceptions for mandatory reporting of abuse or neglect.
Special protections exist for cases involving domestic/family violence.
4. Mediated Settlement Agreement (MSA)
If the parties agree on all terms:
The agreement is written down into a singular document often referred to as an “MSA.”
It must contain statutory language to be irrevocable under the Texas Family Code.
All parties and the mediator sign it before mediation ends.
Note: Settlements require compromise—rarely will either side get everything they want.
5. From MSA to Final Order
The MSA is a binding agreement, but the case isn’t over until a final order is drafted, signed, and approved by the judge.
The final order expands on the MSA terms to include all legally required language.
Disputes over final order wording go to the Court—not back to mediation.
Drafting parts of the final order during mediation can prevent post-mediation disputes.
6. When Mediation Ends Without Agreement
If no agreement is reached, the mediator declares an impasse and files a short report confirming good-faith participation. Many cases still settle weeks later after further reflection or are back in the courtroom for a judge to review and determine an outcome.
7. Benefits of Mediation
Faster resolution than trial
Lower costs in legal fees
More control over the outcome
Reduced emotional toll, especially for families with children
Privacy, as mediation discussions are not public record
Considering Divorce or Custody Mediation?
At the Mendez Law Group, we guide clients through mediation with a focus on protecting your interests and reaching a resolution that works for you and your family. Schedule a consultation today to learn how we can help you prepare for and succeed in your upcoming mediation.
