Most divorces in Texas never reach a final trial. They settle, and a large share of them settle at mediation. For families in New Braunfels and throughout Comal County, mediation is often where the real decisions about the children, the house, retirement accounts and debt are made. As your family law attorney, our job is to make sure you arrive ready, understand your options in real time, and do not sign anything you will regret.
What Divorce Mediation Is
Mediation is a confidential negotiation led by a neutral third party, the mediator. The mediator does not decide anything and does not act as a judge. Instead, the mediator helps both sides test their positions, carries offers back and forth, and looks for workable compromises.
In Texas divorce cases, mediation usually follows a “caucus” format:
- Each spouse sits in a separate room (or separate video breakout room) with his or her lawyer.
- The mediator moves between rooms, sharing proposals and asking questions.
- The spouses may never be in the same room at all.
- The day ends either with a signed agreement, a partial agreement, or an impasse.
Many mediations in our area are now held by video, which can be a relief for someone commuting from Canyon Lake, Seguin or San Marcos, or for a spouse who has already moved out of state.
Why a Mediated Settlement Agreement Is Binding
This is the most important thing to understand about mediation in Texas. Under Family Code § 6.602, a mediated settlement agreement is binding on the parties if it:
- Provides, in a prominent statement that is boldfaced, capitalized or underlined, that it is not subject to revocation;
- Is signed by both parties; and
- Is signed by each party’s attorney, if the attorney is present when it is signed.
When those requirements are met, a party is generally entitled to judgment on the agreement. The court will typically enter a final decree based on it, even if one spouse has second thoughts the next week. There are narrow exceptions in cases involving children and family violence, but you should never count on them.
The lesson is simple: treat the signature at the end of mediation as the end of the negotiation.
What Gets Decided at Mediation
Anything that would otherwise be decided at trial can be resolved at mediation, including:
- Conservatorship of the children and which parent designates the primary residence
- The possession schedule, including holidays, summer and exchanges
- Child support and health insurance
- Division of the community estate: the home, vehicles, bank and retirement accounts, businesses
- Allocation of debts
- Spousal maintenance or contractual alimony
- Attorney’s fees
- Practical details, like who keeps the dog and when someone must move out
Creative solutions a court might not order
A benefit of settling is flexibility. Spouses can agree to things a judge might not think of, such as a staggered sale of the house after the school year ends, a custom holiday rotation built around a family business’s busy season, or a payment plan for an equalization amount. Those details can make an agreement fit a real family’s life.
How to Prepare for Mediation in Comal County
Preparation is what separates a productive mediation day from a long, frustrating one. Before mediation, work with your lawyer on:
- A complete inventory. Know what you own and owe, with current balances. Our divorce checklist can help.
- Characterization. Identify anything you believe is separate property and the proof that supports it. See our separate property page.
- Values. Get a sense of what the house is worth in the current New Braunfels market and what you still owe on it. Fast growth in our area has moved values, so old numbers can mislead.
- Retirement statements, including the balance as of the date of marriage if possible.
- A proposed parenting plan that works with both parents’ schedules and the children’s school.
- Your priorities. Decide in advance what matters most and where you can be flexible.
- Your walk-away point. Know what outcome would be worse than trial, and why.
We cover this in more depth in our guide to preparing for mediation.
What Happens on Mediation Day
A typical day goes something like this:
- Opening. The mediator explains the process and confidentiality. Sometimes there is a brief joint session, but many family mediations skip it.
- Information gathering. The mediator meets with each side to understand goals and sticking points.
- Offers and counteroffers. Proposals move back and forth. Early offers are often far apart; that is normal.
- Problem solving. The mediator may reality-test positions, point out risks of trial, and suggest middle ground.
- Drafting. If you reach agreement, the terms are written into a mediated settlement agreement before anyone leaves.
- Signing. Both spouses and the attorneys present sign. The final decree is drafted afterward to match.
Bring snacks, a charger, and patience. Mediation days can run long, and the most productive stretch often comes late in the afternoon.
When Mediation Does Not Fully Settle a Case
An impasse is not a failure. Sometimes mediation narrows the issues, settling property but leaving one parenting question for the judge, for example. Partial agreements can be signed, and only the remaining disputes go to trial. If the case does not settle, it moves toward a contested divorce trial, and the offers made in mediation stay confidential.
Mediation and Family Violence
If you have experienced family violence, mediation can still be possible with safeguards, such as separate buildings, video sessions, or staggered arrival times. Texas law also allows a party to object to mediation in these circumstances. Your safety comes first. Talk with us confidentially about whether mediation makes sense, and about a protective order if you need one.
Talk With a New Braunfels Divorce Attorney Before Mediation
If your Comal County or Guadalupe County divorce is headed to mediation, preparation is what protects you. Our family law team can review your finances, build a realistic proposal, and sit with you through the day. Call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Is mediation required for divorce in Texas?
Texas law allows a court to refer a divorce to mediation, and it is very common for judges to require it before a contested case goes to final trial. There are exceptions, especially where family violence is involved. Your lawyer can tell you whether your court is likely to order it.
Can I back out of a mediated settlement agreement after I sign it?
Generally no. A Texas mediated settlement agreement that meets the requirements of Family Code section 6.602, including the prominent statement that it is not subject to revocation, is binding once signed. That is why it is so important to understand every term before you sign.
Who pays for the mediator?
The mediator’s fee is usually split between the spouses, though the agreement or the court can allocate it differently. Mediators set their own rates, often by the half day or full day, so ask about cost when scheduling.
Do I need a lawyer at mediation?
You are not required to have one, but the mediator cannot give either side legal advice. Having a family law attorney with you means someone is checking the numbers, the tax effects and the wording before the agreement becomes binding.
What if my spouse has been abusive? Do I still have to mediate?
Texas law lets a party object to mediation when there has been family violence, and the court can decline to order it or set special protections. Mediations can also be done with the spouses in separate rooms or by video so they never face each other.
Last reviewed November 13, 2026. General information only, not legal advice.