Mediation is a process where both parties and their attorneys meet with a neutral person (the mediator, typically an attorney but not always) in an attempt to resolve all issues of the suit, including conservatorship, child support, and division of property and debts.

The trend is that more and more courts require parties to attend mediation prior to attending a hearing in front of the judge, especially in Harris County. Some courts require mediation prior to a temporary orders hearing, some only prior to a final trial, and some require mediation twice — one before the temporary orders hearing and one before the final hearing. However, in cases where there is evidence of family violence, the court will waive the mediation requirement. To determine whether or not mediation is required in your court, you must look at the local rules.

Benefits Of Mediation

  • It's less expensive than taking a suit to trial
  • The parties are in control of all decisions made not a judge
  • Parties are given flexibility and room to make creative solutions that work for their particular life
  • Parties can agree to more than what a judge would order
  • Judges are bound to approving all mediation agreements

How Can I Prepare For Mediation

You should have a complete inventory of your assets and liabilities, a financial information statement, two recent paycheck stubs, tax returns, and discovery answered. Your attorney will assist you in the preparation of all these documents and in the compilations of the discovery documents.

It is important to note that once a mediation agreement is signed, you are bound by its terms. Hence, you should ask any and all questions to your attorney while at mediation and be thoroughly informed before signing the mediation agreement. Se habla español.