Texas provides alternative dispute resolutions in the divorce process. These resolutions include divorce mediation. A mediated divorce settlement is binding if agreed upon and signed by both parties, and is signed by the parties' attorneys, if available.
Sec. 6.602. MEDIATION PROCEDURES.
(a) On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation.
(b) A mediated settlement agreement is binding on the parties if the agreement:
(1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is present at the time the agreement is signed.
(c) If a mediated settlement agreement meets the requirements of this section, a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law.
(d) A party may at any time prior to the final mediation order file a written objection to the referral of a suit for dissolution of a marriage to mediation on the basis of family violence having been committed against the objecting party by the other party. After an objection is filed, the suit may not be referred to mediation unless, on the request of the other party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation.
OTHER ALTERNATIVE DISPUTE RESOLUTIONS
Texas also provides the following alternatives to traditional divorce hearings:
Sec. 6.601. ARBITRATION PROCEDURES.
(a) On written agreement of the parties, the court may refer a suit for dissolution of a marriage to arbitration. The agreement must state whether the arbitration is binding or nonbinding.
(b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award.
Sec. 6.603. COLLABORATIVE LAW.
(a) On a written agreement of the parties and their attorneys, a dissolution of marriage proceeding may be conducted under collaborative law procedures.
(b) Collaborative law is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate. The parties' counsel may not serve as litigation counsel except to ask the court to approve the settlement agreement.
Get Legal Advice First
In Texas, you have the option of a mediated divorce as an alternative to a traditional hearing. To be binding, the agreement must be signed by both parties and any representing attorney(s). A mediator is neutral and does not legally represent either party. He or she only facilitates the process so that both sides can reach an accord. Talk with an experienced divorce attorney to represent you during the mediation process.
