Mediation is a process where the parties and their attorneys meet with a skilled negotiator (mediator) to see if the mediator can draw an agreement out of the parties. The mediator is trained in law and in the art of negotiating.
Everything that is said at mediation is confidential. The mediator can never be compelled to come into court and testify about what was said at mediation, and during a trial neither party can testify about what was offered or said at mediation.
The mediator is not there to make a decision; the mediator's role is strictly to pull an agreement out of the parties.
Many times a mediator "will play both sides against the middle", meaning the mediator may tell you one thing to try to get you to settle and tell your spouse the opposite.
One of the roles of a mediator is to get the parties to look at the down side of their case, along with the benefits of settling.
The mediator will have you and your attorney in one room and your spouse and spouse's attorney in another room. The mediator will shuttle back and forth trying to understand the facts, conveying offers, and offering suggestions.
Once in a while the mediator will request that the mediator be allowed to meet only with the parties, and not their attorneys, for a short while. This will happen only if both parties and their attorneys agree. If this does occur, nothing will be finalized until both parties have had an opportunity to meet with their attorneys.
The success rate at mediation is about 80%.
If the case is settled at mediation, the mediated settlement agreement is irrevocable and binding and not subject to change. If a party signs off on a mediated settlement agreement and has "buyer's remorse" or discovers that they made a big mistake, they are still bound by the agreement - there is nothing the Court can do to help the person - the Court is obligated to follow the terms of the mediated settlement agreement and enforce it. The Court cannot alter the terms of the mediated settlement agreement.
If the case settles at mediation, an Order will be prepared encompassing its terms and submitted to the Court - usually in about 2 weeks. Once the Final Order is signed by the Judge your case is officially over.
If the case is not settled at mediation, the mediator can only write the Court a letter saying "I mediated this case and it did not settle."
Grounds for divorce in Texas include irreconcilable differences and being unable to re-unite as well as adultery, abandonment, commitment to a mental health facility for three years, a felony conviction and imprisonment for at least one year, cruel and inhuman treatment, or living separately for at least three years. The most common divorce grounds for an uncontested divorce are irreconcilable differences and living separately for at least three years because these are the two grounds that do not place blame or fault.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Start Your Divorce
Settle Your Divorce
FEATURED TOOL - Online Divorce Calendar (an ideal way to keep all of your divorce related issues private and well organized)
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.
"a passion for a better divorce℠" - established in 1996