Mediation: Do’s and Don’ts

Mediation: Do’s and Don’ts

When you are involved in a family law matter, some courts in Texas will require you to attend mediation. If you have children, it is highly likely that the court will require mediation before you can have a final hearing. If you have a complex situation, then you may need a full day to mediate.

Below are some items to make sure to do and some things to avoid doing at mediation:

DO:

  1. Prepare for mediation with your attorney prior to mediation. Ask questions so that you know what to expect.
  2. Figuring out the most important items to you and the least important items to you will be helpful in negotiating at mediation.
  3. Be open-minded to compromising when considering settlement. In mediation, most of the time neither party will get absolutely everything each wants but in the long-run can come to a resolution that works best for the specific situation and circumstances.
  4. It is important to consider what the opposing party is proposing, even if you choose not to agree in the end.

 DON’T:

  1. Do not sign a Mediated Settlement Agreement (MSA) that you are not comfortable with. MSA’s are typically irrevocable so let your attorney know and speak up if you have questions or are uncomfortable.
  2. Do not forget or neglect to tell your attorney something important and relevant to your case/situation. Chances are, the opposing party will bring it up in mediation and try to use it as leverage.

Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.