Mediation

Many Texas divorce and custody cases are settled in mediation instead of being decided by a judge at trial. The mediator is a neutral third party who helps both sides negotiate. A mediator can carry offers back and forth and point out risks, but cannot take your side or tell you whether a proposal is fair to you. That is your attorney’s job.

At Herbig Law Group, PLLC, our family law attorneys represent clients in mediation throughout The Woodlands, Conroe, Huntsville, and the rest of Montgomery and Walker County. We prepare you before the session, stay with you while offers are exchanged, and review every term before you sign. If you are looking for a neutral mediator rather than an advocate, see our mediation services.

How Mediation Works in a Texas Family Case

A court can refer a divorce or a suit affecting the parent-child relationship to mediation when the parties agree in writing or on the judge’s own motion (Tex. Fam. Code § 6.602; § 153.0071). Sessions often last a half day or a full day, and the parties usually stay in separate rooms while the mediator moves between them.

What is said in mediation is confidential and generally can’t be used as evidence against you later (Tex. Civ. Prac. & Rem. Code § 154.073). That gives both sides room to explore options. It does not override the legal duty to report child abuse or neglect.

A Signed Mediated Settlement Agreement Is Binding

This is the part of mediation people most often underestimate. A mediated settlement agreement is binding if it:

• states, in bold type, capital letters, or underlining, that it is not subject to revocation;
• is signed by each party; and
• is signed by each party’s attorney who is present when it is signed.

Once those requirements are met, either party is entitled to a judgment on the agreement. In practice, you usually can’t change your mind the next day. In custody cases, a judge may decline to enter the agreement only in narrow situations, such as family violence that impaired a party’s ability to make decisions, and only if the agreement is not in the child’s best interest.

How We Prepare You for Mediation

• Gathering the facts. We collect income records, account statements, and property and debt information so every offer is based on real numbers.
• Running the numbers. We estimate guideline child support and the value of the community estate before the session, not during it.
• Building a parenting plan. For child custody issues, we draft a possession schedule and decision-making terms you can propose with confidence.
• Setting priorities. We help you decide what matters most, where you can compromise, and when going to trial makes more sense than settling.
• Reviewing every term. Before you sign, we check the agreement for gaps, unclear wording, and terms that would be hard to enforce.

Mistakes That Cost People in Mediation

• Signing late in the day without reading every page. Once signed, the agreement is binding.
• Showing up without current pay stubs, account balances, or a proposed parenting schedule.
• Agreeing to a possession schedule that doesn’t fit your work hours or the school calendar.
• Leaving out details, such as who pays the children’s health insurance or how the house will be refinanced.

When Mediation May Not Be Safe

If there is a history of family violence, you can file a written objection to mediation. After an objection is filed, the case can’t be sent to mediation unless a hearing is held and the court finds the evidence does not support the objection. If mediation goes forward, the court must order safety measures, including separate rooms and no face-to-face contact. Please tell us about any safety concerns at our first meeting so we can plan around them.

What Can Be Settled in Mediation

• Division of community property and debts, including the home, retirement accounts, and businesses
• Conservatorship (custody), possession and access (visitation), and the parenting plan
• Child support, plus medical and dental support for the children
• Spousal maintenance and alimony agreements
• Modifications and enforcement disputes after a final order

Have a mediation date coming up? Call (936) 245-1974 or send us a message to schedule a consultation. We have offices in Conroe and Huntsville and represent clients throughout Montgomery and Walker County.