When Will Divorce or Child Custody Mediation Be Ordered in Court?

 Posted on December 08, 2021 in Divorce Mediation

When married spouses or unmarried couples become involved in legal disputes, these matters can often be complex and difficult to resolve. During a divorce or a case in which parents disagree about how they will share child custody, the parties will need to address multiple types of legal and practical issues, and they may struggle to reach agreements. However, taking these disputes to court and resolving them through a trial can be very expensive for both parties, and the process can take multiple months, or it may even last more than a year. To resolve these matters more quickly and efficiently, a couple may be required to use mediation.

Court-Ordered Mediation

In many cases, mediation is voluntary, and a couple will choose to work together with a mediator to gain a full understanding of the issues they need to resolve and reach agreements on how these matters should be handled. However, there may also be cases where a family court judge will order a couple to use mediation in an attempt to reach a settlement prior to holding a trial.

Each court has its own rules and procedures, but in many cases, courts follow policies that require couples to use mediation to determine whether a settlement can be created before a case will be scheduled for a trial. In these situations, a mediator may be appointed, and couples will be required to make a good-faith effort to resolve their disputes and reach a workable settlement. If necessary, a party can object to the mediation order on the basis that the other party has committed domestic violence. If it would not be appropriate to require a victim of violence or abuse to have face-to-face meetings with the other party, the case may be able to proceed to trial without the requirement to use mediation.

Mediation may allow the parties to reach a workable settlement through cooperation and compromise. Divorce mediation will allow for a couple to create a divorce settlement, while child custody mediation may be used to reach a settlement in a suit affecting the parent-child relationship (SAPCR). To be legally binding, a settlement created during mediation must include a statement making it clear that the decisions made cannot be revoked, and the settlement must be signed by both parties and their respective attorneys. After an agreed settlement has been created, it will then be approved by a family court judge, after which it will officially go into effect.

Contact Our Collin County Family Law Mediation Professionals

Divorce Mediation Centers of America provides mediation services to help couples address a wide variety of family law issues. Whether you have been ordered by a judge to participate in mediation or are voluntarily choosing to use mediation to resolve your disputes, we can work with you and the other party to address your issues successfully and create a settlement you can both agree on. Contact our Plano divorce and child custody mediators at 469-406-4320 to schedule your free consultation today.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm