Mediation is a structured negotiation process in which the parties attempt to resolve their dispute with the assistance of a neutral third party known as a mediator. The mediator’s role is to facilitate discussion, help clarify issues, and guide the parties toward a potential settlement.

Importantly, mediators do not act as judges. They do not make rulings, issue decisions, or provide legal advice to either party. Instead, they help the parties evaluate options and explore possible resolutions that both sides may be willing to accept.

Many courts throughout the Dallas–Fort Worth region—including those in Collin County, Dallas County, Denton County and Tarrant County—regularly require mediation before a case can proceed to trial.

One of the most common concerns people have about mediation is the belief that they will be required to sit in the same room with the opposing party and their attorney for hours while attempting to negotiate face-to-face.

In reality, this is rarely how mediation works, and we do not recommend this.

In most mediations, each party and their attorney are placed in separate rooms, which are usually down the hall from each other-- so the parties never see each other. The mediator then moves back and forth between the parties throughout the day, communicating settlement offers, discussing positions, and helping the parties work toward a resolution.

This structure allows each side to discuss matters privately with their attorney without the stress of direct confrontation.

Before mediation takes place, the attorneys representing the parties typically discuss and agree upon a mediator. When selecting a mediator, several factors are usually considered, including:

• The mediator’s experience with the type of case involved
• The mediator’s availability
• The mediator’s fees
• The mediator’s reputation for effectiveness

Once a mediator is selected, the mediation is scheduled and the parties are notified of the date, time, location, and cost. In most cases, mediation fees are paid directly to the mediator, by the client, prior to the scheduled session.

Before the mediation occurs, both attorneys generally provide the mediator with relevant documents and a summary of the case (a "Mediation Statement"). These materials often include:

• Court filings and pleadings
• Relevant financial or factual information
• Previous settlement discussions or offers
• Any property divisions the parties have already agreed to

This preparation allows the mediator to become familiar with the case ahead of time, ensuring that the mediation session is spent productively working toward potential solutions rather than reviewing basic facts.

When the parties arrive at the mediator’s office, each side is typically placed in a separate conference room with their attorney. These rooms often include a table, seating, and sometimes refreshments or other amenities to make the long day more comfortable.

Because mediation can last several hours—or even the entire day—it is often helpful for clients to bring work materials, a laptop or tablet, or reading materials to occupy time while waiting for the mediator to return with updates.

Throughout the day, the mediator will move between the parties’ rooms carrying settlement offers and counteroffers. The mediator may also discuss the strengths and weaknesses of each side’s position to help the parties realistically evaluate their options.

There are generally two potential outcomes to a mediation session.

1. The Parties Reach an Agreement

If the parties successfully reach a resolution, the mediator will prepare a Mediated Settlement Agreement (MSA) outlining the terms of the settlement. Once the MSA is signed by the parties and their attorneys, it becomes a binding agreement, and is not revocable by either party after signing.

The attorneys will then prepare the final legal documents necessary to implement the settlement and submit them to the court. This will include the Final Decree of Divorce and any other documents required to satisfy the terms of the MSA (such as deeds, titles to cars, etc).

2. The Parties Do Not Reach an Agreement

If the parties are unable to reach a settlement during mediation, the case will continue through the litigation process. In that situation, the mediator will notify the court that mediation was unsuccessful and the case will proceed toward trial.

Sometimes, however, mediation can still be valuable even when a full settlement is not reached, as it may narrow the issues in dispute and bring the parties closer to resolution.

Mediation can offer several significant advantages compared to a courtroom trial.

Greater Control Over the Outcome

Mediation allows the parties themselves to determine the terms of the resolution rather than leaving the decision entirely in the hands of a judge who may only hear the case briefly at trial.

Reduced Time Commitment

Litigation can take months—or even years—to reach a trial date. Mediation provides an opportunity to resolve disputes much sooner.

Lower Legal Costs

Preparing for trial often requires extensive document review, witness preparation, expert testimony, legal strategy development, and multiple court appearances. Resolving a case in mediation can significantly reduce these costs.

Less Stressful Process

Mediation tends to be far less adversarial than a courtroom trial, which can make the process easier for the parties involved.