How the Mediation Process Works
The mediation process involves several steps, each designed to facilitate open communication and negotiation between the parties. Understanding these steps can help demystify the process and set realistic expectations for those considering mediation.
1. Choosing a Mediator
The first step in the mediation process is selecting a mediator. Mediators are neutral third parties trained to facilitate negotiations and help the parties reach an agreement. In Texas, mediators can be attorneys, mental health professionals, or other trained individuals. It’s essential to choose a mediator with experience in family law and general civil matters with a style that aligns with the parties’ needs and preferences.
2. Initial Consultation
Once a mediator is selected, an initial consultation is typically scheduled. During this meeting, the mediator will explain the mediation process, outline the roles and responsibilities of the parties, and discuss the issues that need to be resolved. This is also an opportunity for the parties to ask questions and ensure they are comfortable with the mediator.
3. Information Gathering
Before substantive negotiations begin, the mediator will gather information from both parties. This includes financial documents, such as bank statements, tax returns, and property deeds, as well as information related to child custody and support. The goal is to ensure that all relevant information is available to facilitate informed decision-making.
4. Identifying Issues and Setting Goals
The mediator will help the parties identify the specific issues that need to be resolved, such as property division, child custody, and spousal support. The parties will also be encouraged to set goals for the mediation, such as maintaining a positive co-parenting relationship or reaching a fair financial settlement.
5. Negotiation and Problem-Solving
The heart of the mediation process is the negotiation phase. The mediator will facilitate discussions, helping the parties explore their interests and generate options for resolving each issue. This may involve joint sessions with both parties present, as well as private sessions (known as caucuses) where the mediator meets with each party individually.
6. Reaching an Agreement
Once the parties have negotiated and agreed on the terms of their divorce, the mediator will draft a written agreement outlining the agreed-upon terms. This agreement is reviewed by the parties and their attorneys, if they have them, to ensure that it accurately reflects their understanding and intentions.
7. Finalizing the Divorce in Family Law Cases
The final step is to submit the mediated agreement to the court for approval. If the court finds that the agreement is fair and in compliance with Texas law, it will be incorporated into the final divorce decree. This process is usually straightforward, as the court typically respects the parties’ negotiated agreements.
​