Mediation in a Guadalupe County Divorce

Most divorces in Texas never go to trial. They settle, and many of them settle at mediation. If your divorce is contested, there's a good chance you'll spend a day with a mediator before you ever see the inside of a courtroom for a final trial.

Mediation can save money, time and stress, and it lets you and your spouse make decisions instead of handing them to a judge. But a mediated agreement in Texas can be binding the moment you sign it, so it pays to understand the process and prepare well.

What is mediation?

Mediation is a meeting where a neutral third person, the mediator, helps you and your spouse negotiate. The mediator doesn't decide anything and doesn't represent either side. Their job is to help each side understand the other's position, test proposals and find common ground.

Many family law mediators are experienced family lawyers or former judges. You and your spouse usually split the mediator's fee unless you agree or the court orders otherwise.

Will the court require mediation?

Texas law allows courts to refer divorce and custody cases to mediation, and most Texas courts require it before a contested final trial. Many also require mediation before a contested temporary orders hearing. Expect that the Guadalupe County courts in Seguin will want you to at least try mediation before they spend a trial day on your case. Your lawyer can confirm the requirements of the court your case is in.

How a mediation day usually works

Family mediations in Texas are often done in "caucus" style:

• Each spouse and their lawyer sit in a separate room (or a separate virtual breakout room).
• The mediator moves back and forth, carrying offers and counteroffers.
• You may never be in the same room as your spouse, which can lower tension.

Mediations often last a half day or a full day. Some cases need more than one session. Everything said during mediation is generally confidential and can't be used as evidence in court later, which encourages honest negotiation.

The mediated settlement agreement (MSA)

If you reach an agreement, it's written up before you leave as a mediated settlement agreement, or MSA. In Texas, an MSA is binding and generally can't be revoked if it:

• Includes a prominently displayed statement, in boldface type, capital letters or underlined, that the agreement is not subject to revocation;
• Is signed by each party; and
• Is signed by each party's attorney, if any, who is present when it's signed.

When those requirements are met, a party is generally entitled to a judgment based on the MSA, even if one spouse changes their mind the next day. Courts have only narrow grounds to refuse one. For example, a court may decline to enter an MSA about children if family violence affected the signing parent's ability to make decisions and the agreement isn't in the child's best interest.

Don't sign an MSA expecting to fix things later. Read every term. If something is unclear, such as a date, a dollar amount or who pays the refinance costs, resolve it before signing.

After mediation, one lawyer usually drafts the final decree based on the MSA. Disputes over how to word the decree are sometimes sent back to the mediator, and many MSAs say so.

How to prepare for mediation

The more prepared you are, the better your results tend to be. Before mediation:

Gather the numbers

• Current balances for bank, investment and retirement accounts.
• Mortgage payoff and a realistic estimate of the home's value.
• Loan balances, credit card statements and other debts.
• Recent pay stubs and tax returns for both spouses.
• Records supporting any separate property claims. See separate vs. community property in Texas.

Think through the children's schedule

If you have children, come with a proposed parenting plan: weekday and weekend schedules, holidays, summer, exchanges and how you'll communicate. Our Standard Possession Order calendar can help you see what the default schedule looks like. Run the numbers on child support with the child support calculator.

Know your priorities

Make a short list: what you must have, what you'd like and what you're willing to trade. It's easier to make good decisions at 4 p.m. on a long day if you thought about trade-offs ahead of time.

Be realistic

Your lawyer can tell you the range of outcomes a judge might reach on each issue. A good settlement usually falls inside that range. Holding out for something a judge would never order often just adds cost.

Plan for the day

• Clear your schedule and arrange childcare. Mediation can run late.
• Bring snacks, medications and anything you need to stay comfortable.
• Bring a list of questions for your lawyer.

Mediation and family violence

Mediation isn't right for every case. Where there's a history of family violence, negotiating with an abusive spouse can be unsafe or unfair. Texas law lets a party object to mediation on this basis, and the court will generally consider whether there's a history of family violence before ordering it. When mediation does go forward, safeguards are common:

• Spouses in separate rooms, or separate buildings, for the whole session.
• Virtual mediation so the spouses never meet in person.
• Staggered arrival and departure times.
• A mediator with experience in family violence cases.

If you have a protective order or safety concerns, tell your lawyer and the mediator well before the session. See our page on protective orders in Guadalupe County for more.

What if mediation doesn't work?

If you don't reach a full agreement, you can still sign a partial MSA on the issues you did resolve, and take the rest to trial. Often a failed mediation narrows the issues so much that the case settles shortly afterward. If not, the court will set the remaining issues for trial.

Getting help

Attorney Jesus R. Lopez has more than 20 years of Texas family law experience. He helps clients in Seguin and throughout Guadalupe County prepare, understand their options and avoid signing terms they'll regret. For more on reaching a sound agreement, see fair settlement in a Guadalupe County divorce. Free consultations are available in English or Spanish.

Frequently asked questions

Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.