When facing a family law matter—whether it’s divorce, custody, or support—many clients are surprised to learn that most cases don’t go to trial. Instead, they are resolved through a process called mediation. At Coker, Robb & Cannon, Family Lawyers, we often guide our clients through this process to help them reach effective and lasting solutions without the stress, expense, and uncertainty of the courtroom.
But what is mediation, exactly—and what isn’t it?
What Is Mediation?
Mediation is a confidential, voluntary (though sometimes Court-ordered), and structured negotiation process where both parties (usually with their attorneys) work with a neutral third-party mediator to resolve their disputed issues. The mediator isn’t a judge and cannot make decisions for you. Instead, the mediator facilitates discussions, helps clarify issues, and assists both sides in exploring workable solutions.
The goal of mediation is to reach a full resolution of all outstanding issues in your family law case—whether that involves child custody, visitation, division of property, or financial support. When successful, the parties sign a Mediated Settlement Agreement (MSA). In Texas, a properly executed MSA is binding and irrevocable—it becomes the foundation for the final orders in your case.
What Mediation Is Not
Mediation is not a trial. No witnesses testify. No evidence is formally presented.
The mediator is not a judge and does not make rulings or “take sides.”
Mediation is not about who is right or wrong. It’s about finding solutions both sides can live with.
Full vs. Partial Mediated Settlement Agreements
While the ideal outcome is a complete resolution through a full MSA, that’s not always possible. Sometimes, parties reach agreement on some—but not all—issues. In these cases, they sign a Partial Mediated Settlement Agreement (Partial MSA). This still provides value by narrowing the scope of the dispute and reducing the issues that must be addressed at trial.
For example, parties might agree on property division and spousal support but remain divided on child custody. A Partial MSA allows those resolved issues to be finalized, while leaving the rest to the court—or to future negotiation or mediation.
A Partial MSA can also greatly reduce the costs of going to trial on the remaining issues. And, finally, we often find that, after the parties reach a Partial MSA, they are able to resolve the remaining few issues without actually going to trial.
Mediation During the Case: Temporary Orders
A growing trend in Texas family law is using mediation early in the case to address temporary issues. These include:
- Temporary possession and access to children
- Temporary child or spousal support
- Temporary use of property, such as the marital home or vehicles
- Who pays which bills while the case is pending
Mediating these temporary issues can provide immediate stability for both parties and any children involved. It also reduces the need for court intervention during an already stressful time.
The Benefits of Mediation
There are many reasons why mediation is such a widely used tool in family law:
- Cost-effective: Resolving disputes through mediation is almost always less expensive than a trial.
- Time-saving: Cases resolved in mediation can wrap up much sooner than those awaiting a court date.
- Confidential: Unlike court proceedings, mediation is private.
- Creative Solutions: Parties can craft agreements tailored to their unique family dynamics—solutions a judge might not be able to order.
- Empowerment: Instead of having a judge decide your future, you remain in control of the outcome.
Final Thoughts
At Coker, Robb & Cannon, Family Lawyers, we strongly believe in the power of mediation to resolve disputes efficiently and respectfully. Whether your goal is a full agreement or you simply want to narrow the issues, mediation provides a valuable opportunity to work toward resolution—on your own terms.
Our Board Certified Family Lawyers also serve as mediators. If you are searching for an experienced, expert mediator for your case, please reach out to our office to find out more about our services.
If you're facing a family law matter and want to explore whether mediation might be the right fit for your situation, we invite you to contact us to schedule a consultation. Our experienced attorneys are ready to help you navigate the process and advocate for your best interests every step of the way.
Contact Coker, Robb & Cannon, Family Lawyers today to schedule your consultation.