Mediation is an excellent way to resolve family law disputes amicably, but reaching an agreement is just one step in the process. Many people assume that once mediation concludes, their case is finished. However, there are still important steps to take to ensure your agreement is finalized correctly. Let’s walk through what happens after mediation so you know what to expect.
Understanding Your Mediated Agreement
When you mediate a family law dispute, whether it's a divorce, custody arrangement, or property division, you and the other party work together to reach a mutual agreement. My role as a mediator is to facilitate productive discussions and help both parties find common ground, but I do not provide legal advice or draft court orders beyond the Mediated Settlement Agreement (MSA).
The MSA is a legally binding contract that outlines the agreements reached during mediation. Once signed by all parties, their attorneys (if applicable), and the mediator, it becomes enforceable. However, additional steps are required to translate this agreement into a Final Order that the court can officially approve.
Finalizing Your Case After Mediation
Once you have a signed MSA, it must be incorporated into a Final Order, which is the legal document that formally concludes your case. In Texas, mediators are not allowed to draft Final Orders—this is typically done by an attorney. The Final Order ensures that all necessary legal language is included and that the agreement is enforceable under Texas law. If you mediated a divorce, for example, your Final Order will contain detailed provisions for property division, spousal support, and child-related arrangements.
If only one party has an attorney, that attorney will often prepare the Final Order. However, if neither party has legal representation, it is still advisable to have an attorney draft the order to ensure compliance with Texas law and prevent future disputes.
What If Some Issues Remain Unresolved?
Not all mediations result in a full agreement. If you and the other party were able to agree on some—but not all—issues, the mediator will document the areas of agreement in the MSA and note the unresolved matters. In these situations, you may need to go to court for a judge to decide the remaining issues. Courts often encourage parties to attempt mediation again before proceeding to litigation, as resolving disputes through mediation remains the most cost-effective and amicable approach.
Getting Your Agreement Approved by the Court
After the Final Order has been drafted based on your MSA, the next step is obtaining court approval. A judge will review the order to ensure it complies with the law and properly reflects the mediated agreement. In some cases, a judge may sign the MSA itself, but this does not replace the need for a finalized court order. The Final Order formally concludes the case and ensures that all agreements are enforceable under Texas law.
Read Also: Defining Success in Mediation: A Holistic Approach to Evaluating Outcomes, Practices, and Contexts
Need Legal Representation for Mediation?
While mediation helps you reach an agreement, ensuring that your final court orders are properly drafted and enforceable is crucial. Having an attorney on your side can make all the difference in protecting your interests. At Sims & Purzer Attorneys at Law PLLC, we provide skilled legal representation to guide you through mediation and ensure your agreements are legally sound. Contact us today to learn how we can assist you in your family law mediation process.
Comments