{
n nn
n
nn
What “Mediation” Means Under Texas Law
n
In Texas, mediation is a form of alternative dispute resolution in which an impartial third party (the mediator) facilitates communication and negotiation. The mediator generally may not impose a decision on the parties. See Texas Civil Practice & Remedies Code § 154.023.
nn
Why Families in Austin Use Mediation
n
Mediation can help many families resolve disputes more efficiently and with more control than a contested hearing—because the parties (not the judge) craft the terms. Mediation communications are generally intended to be confidential under Texas law, subject to statutory rules and exceptions. See Texas Civil Practice & Remedies Code § 154.073.
n
- n
- Control: parties negotiate parenting and financial terms that fit their household.
- Privacy: mediation communications are often confidential by statute (with limits).
- Efficiency: mediation can narrow issues or resolve the entire case, reducing the number of disputes that must be decided in court.
n
n
n
nn
Common Family Disputes Mediation Can Address
n
Mediation is commonly used in Texas family cases, including divorce and suits affecting the parent-child relationship, because Texas statutes expressly provide procedures for mediated settlement agreements in those matters. See Texas Family Code § 6.602 and Texas Family Code § 153.0071.
n
- n
- Divorce-related property division proposals
- Parenting plans (possession schedules, decision-making, communication rules)
- Child support negotiations (within the legal framework)
- Post-decree modifications and practical dispute-resolution plans
- Some enforcement disputes where a negotiated compliance plan is realistic
n
n
n
n
n
nn
How a Typical Family Mediation Works in Austin
n
1) Preparation and information exchange
n
Preparation often includes organizing financial records, clarifying the parenting issues, and identifying settlement ranges and priorities.
nn
2) Ground rules and process
n
The mediator explains how communication will occur, what information will be shared, and the confidentiality framework (including any written agreements about confidentiality that may apply in addition to the statute). See generally CPRC § 154.073.
nn
3) Negotiation (often in separate rooms)
n
Many mediations use separate rooms or virtual breakout rooms. The mediator typically moves between sides to convey proposals and help the parties evaluate options.
nn
4) Writing the settlement (critical step)
n
In Texas family cases, the form of the written settlement can matter significantly. Texas law provides specific requirements for a mediated settlement agreement and, when those requirements are met, the court is generally required to enter judgment on the agreement (with limited statutory exceptions). See Texas Family Code § 6.602 and Texas Family Code § 153.0071.
nn
5) Next steps
n
If you settle, lawyers typically use the mediated settlement agreement to prepare final orders for court signature. If you do not settle, mediation may still narrow the issues for later hearings.
nn
Tip: How to Get More Value From Mediation
n
- n
- Bring the right documents: pay stubs, tax returns, account statements, and a proposed budget.
- Prioritize issues: know what is essential (and what is negotiable) before you arrive.
- Plan for parenting logistics: exchanges, holidays, school breaks, communication rules, and decision-making.
- Think about enforceability: vague terms can create future disputes even if you “settle.”
n
n
n
n
n
nn
Mediation Preparation Checklist (Texas Family Cases)
n
- n
- Write down your main goals and your backup options.
- Gather financial documents (income, debts, bank/retirement statements).
- List monthly expenses and child-related costs.
- Draft a proposed possession schedule and holiday plan.
- Identify topics that require specificity (property division details, deadlines, transfer steps).
- Consider safety needs (separate rooms, virtual format, arrival/departure timing).
n
n
n
n
n
n
n
nn
Can a Texas Court Make You Go to Mediation?
n
Texas courts have statutory authority to refer a pending dispute to an alternative dispute resolution procedure, including mediation. See Texas Civil Practice & Remedies Code § 154.021. Even when attendance is ordered, settlement is not guaranteed—and whether you sign an agreement is a separate decision with legal consequences.
nn
Mediation vs. Counseling or Arbitration
n
Mediation focuses on negotiating legal and practical terms; it is not therapy. Arbitration (by agreement and under applicable rules) can involve a private decision-maker issuing a binding decision. By contrast, a mediator generally does not impose a resolution. See CPRC § 154.023.
nn
When Mediation May Not Be Appropriate (or Needs Safeguards)
n
Mediation is not a fit for every family. Extra safeguards—or a different approach—may be needed where there is family violence, coercion, or credible safety concerns. Texas law recognizes limits in certain circumstances involving family violence when considering mediation referrals in parent-child matters. See Texas Family Code § 153.0071.
n
- n
- Family violence, stalking, threats, or intimidation
- Severe power imbalances that cannot be managed with counsel and protocols
- Impaired decision-making (for example, active substance misuse)
- Suspected hidden assets or unreliable financial disclosures
n
n
n
n
nn
How an Austin Mediationyer Can Help
n
A mediation lawyer typically helps you negotiate from an informed position and reduce preventable risk—by analyzing likely court outcomes, identifying missing issues (tax, property characterization, enforceability), and ensuring the settlement terms are clear enough to become workable court orders.
nn
FAQ: Austin Family Mediation
n
Do we have to be in the same room?
n
Not always. Many mediations use separate rooms or virtual breakouts, and attorneys can request arrangements that reduce conflict and improve safety.
nn
Is mediation confidential in Texas?
n
Texas provides statutory confidentiality protections for mediation communications, subject to the statute’s terms and exceptions. See CPRC § 154.073. Because enforceability often depends on written agreements and court orders, discuss with counsel what may need to be filed or disclosed.
nn
Do we have to settle?
n
No one can force you to agree to terms. However, if you do sign a mediated settlement agreement that meets statutory requirements in a family case, it may be binding and difficult to undo. See Texas Family Code § 6.602 and Texas Family Code § 153.0071.
nn
Talk to an Austin Family Mediationyer
n
If you are considering mediation for divorce, custody/parenting issues, or a post-order dispute in Austin, legal guidance can help you assess fit, plan safety measures, and document terms in a way that can be turned into enforceable orders. Contact us to discuss your situation.
n”,
}[/P]
