Do I Have to Go to Mediation for My Divorce?

We often hear this question from clients considering divorce, and in most cases, the answer depends on your location and circumstances. In Bexar and surrounding counties, mediation is highly likely to be required, especially in family law cases. Many counties include standing rules that encourage mediation before proceeding to a final trial.

Let’s break down what you need to know about divorce mediation requirements and why mediation might be a valuable option—even when it’s not mandatory.

When Is Mediation Required?

Mediation is commonly required in cases where:

• Child Custody Is Involved: Courts prefer resolving custody disputes through mediation to prioritize the child’s well-being.

• There Are Property Disputes: Significant disagreements over property division often necessitate mediation.

• Both Parties Are Willing to Negotiate: Mediation works best when both spouses are open to reaching an agreement.

• A Trial Looms: Many counties mandate mediation before trial as a final effort to settle.

When Might Mediation Be Skipped?

Mediation may not be required or suitable in certain situations, such as:

• Cases of Domestic Violence: Safety concerns may make mediation inappropriate.

• Unlocatable Spouses: If one spouse cannot be found, mediation isn’t feasible.

• Power Imbalances: Extreme differences in bargaining power may lead courts to bypass mediation.

• Urgent Legal Matters: Emergency situations often require immediate court intervention.

Why Consider Mediation Anyway?

Even when not mandatory, mediation offers numerous benefits:

• Cost Savings: Mediation is typically more affordable than litigation. Avoiding lengthy court proceedings can save on legal fees and court costs.

• Time Efficiency: Many mediations can be resolved in a single session, often within 4–8 hours, compared to months or years of litigation.

• Privacy: Mediation sessions are private and confidential, unlike court cases, which are public record.

• Control Over Outcomes: Mediation allows you and your spouse to make the decisions, creating tailored solutions that meet both parties’ needs.

• Comfortable Setting: Many mediations are virtual, providing a relaxed environment where you can make life-changing decisions without facing your spouse directly.

What to Expect in Mediation

Mediation is a structured process designed to encourage collaboration. Here's what typically happens:

• Neutral Guidance: A mediator facilitates discussions without taking sides.

• Attorney Involvement: Your lawyer will be present to advise and protect your interests.

• Session Length: Mediation usually lasts a few hours but can vary depending on complexity.

• Flexibility: While encouraged to reach an agreement, you’re not forced to do so, and unresolved issues can still proceed to court.

• Binding Agreements: Agreements reached during mediation are formalized in a Mediated Settlement Agreement (MSA) and are legally binding once signed.

The Bottom Line

Whether mediation is required or voluntary, it offers a faster, more cost-effective, and collaborative way to resolve disputes. While it might not be suitable for every situation, mediation is often worth considering as an alternative to drawn-out litigation.

At Sims & Purzer, Attorneys at Law, we’re here to guide you through the process. Whether you need representation during mediation or alternative strategies for your divorce case, we’ll tailor our approach to your unique needs.

Contact us today to learn more about how mediation could work for you—or explore other options that might be a better fit. Together, we’ll help you find the best path forward.