Whether both sides have the numbers
Mediation fails most often because one party cannot value the retirement account or the business. Fix that before you book the day.
Practice area
Mediation
Settle the case in one day, on your terms, instead of handing the decision to a judge.
What the law actually says
Most El Paso family courts will not give you a final trial setting until the parties have attended mediation. That is not an obstacle. It is the single best chance you will get to control the outcome, because a judge who hears your family for three hours knows a fraction of what you know.
Mediation in a Texas family case is almost always caucus style. The parties sit in separate rooms with their attorneys, and a neutral mediator moves between them. Nothing said in mediation is admissible later, and the mediator cannot be called to testify. That confidentiality is what lets people negotiate honestly.
If you reach agreement, the mediator drafts a Mediated Settlement Agreement. Under section 153.0071, an MSA that states in bold, capitalised, underlined type that it is not subject to revocation, is signed by both parties and their attorneys, is binding. Neither side can change their mind the next morning, and the court must render judgment on it except in narrow family violence circumstances.
Governed principally by Tex. Fam. Code §§ 6.602, 153.0071
What we handle in this area
- Pre-suit mediation before anything is filed, which is often the cheapest path
- Court-ordered mediation of a contested divorce or SAPCR
- Parenting-plan-only mediation where finances are already agreed
- Post-decree mediation of a modification or enforcement dispute
- Collaborative law under chapter 15, where both attorneys withdraw if the case litigates
- Preparing a settlement proposal package and net-worth statement
- Drafting and reviewing the MSA before anyone signs it
- Converting a signed MSA into an entered final decree
How the case runs
Durations below are what we typically see on the El Paso County family docket. They are not statutory guarantees, and a case with a contested issue can sit outside them entirely.
- 2 to 4 weeks out
Select the mediator
Family law mediators in El Paso are usually board-certified family lawyers or retired judges. Fit matters more than price.
- 1 to 2 weeks out
Exchange information
An inventory and appraisement, tax returns and account statements go to both sides. Mediation without numbers wastes a day.
- 3 days out
Position memo
We send the mediator a confidential memo setting out the issues, the law and the offer we intend to open with.
- The day
Mediation day
Half-day sessions run about four hours, full days about eight. Bring snacks, a phone charger and patience.
- Same day
Sign the MSA
If you settle, you sign before you leave. The document is binding on signature, so read every line.
- 2 to 6 weeks after
Entry of judgment
We draft the decree tracking the MSA and present it to the court for entry.
What drives the cost and the timeline
How much trial will actually cost
A two-day contested trial with an expert routinely costs more than the disputed asset. Run that arithmetic before you refuse an offer.
Whether safety is a concern
Where there is family violence, we mediate in separate buildings or by video, and section 6.602 gives a party the right to object to mediation in specific circumstances.
What the children need
A schedule the parents designed together survives the next five years far better than one a judge imposed on a Tuesday afternoon.
I came in wanting a fight. They talked me through what a two-day trial would actually cost and we settled at mediation instead. I am glad somebody was honest with me.
Questions we get about mediation
No. Caucus mediation is the norm in El Paso family cases. Many clients never see the other party all day. If there is a safety concern we arrange separate arrival times or remote mediation.
Essentially no. A statutorily compliant MSA is not subject to revocation, and the court must render judgment on it. That is why we read every provision aloud before you sign.
Partial MSAs are common and useful. You can settle property and try custody, or settle everything but the possession schedule. The unresolved issues proceed on the trial docket.
Usually the parties split the fee, although the court can allocate it differently and one party sometimes pays as part of the settlement. Our sample El Paso half-day range is $650 to $950 per side.
No. The mediator has no power to decide anything and cannot make either party agree. Their job is to test both sides' positions honestly and find the overlap.