At one point or another, most people have heard of the process referred to as “mediation” in family law. Most people understand that mediation is essentially an alternative to the traditional, court-based divorce process. However, few people know much about the details of how the mediation process works. Mediation is an increasingly common alternative, both in Texas and throughout the nation, mainly because it offers several key advantages. Depending on the specifics of the situation, mediation can be a viable method for developing the agreements (i.e. child custody, visitation, etc.) necessary to accomplish a divorce.

In this post, we will go over the essentials of the mediation procedure here in Texas. Then, we will point out the two main advantages of this process.

Basic Overview of the Mediation Process

Mediation has a formal structure which is consistent from one case to another; however, the results of any given mediation depend completely on the facts, circumstances and desires of the parties involved. In other words, although the mediation structure is predictable, the outcome of any given mediation is not so predictable. A single person will assume the role of the “mediator” in the mediation process. This person literally acts as the facilitator who assists both sides of the aisle in coming to agreements on the disputes of the divorce. In mediation, both sides attempt to independently come to agreement on any disputed issues of the divorce, such as child custody, visitation, property division, asset protection, alimony and so forth.