Austin, TX family law attorney Daniela Ibarra explains how mediation works in a Texas divorce. In Travis County and Williamson County, mediation is required before a final hearing can take place. She explains that mediation is a process in which a third-party mediator assists both parties in negotiating an agreement. Typically, each party and their attorney meet separately with the mediator—either in separate rooms or, if over Zoom, in separate virtual rooms. The mediator moves between the rooms to identify the key issues and underlying problems, helping the parties work toward a resolution.

While it is rare that both parties are completely satisfied, a result that both can live with is considered a successful outcome. She emphasizes that mediation offers clients greater control over the outcome of their case, including decisions about their children, property, assets, and liabilities. Clients have a voice in how things are divided and can express their opinions, rather than leaving the decisions entirely in the hands of a judge.

In court, she notes, clients often feel uncomfortable and are only able to speak through their attorneys. A judge must make decisions based on a limited presentation of evidence and a few hours of testimony, without knowing the clients personally. Mediation, by contrast, allows clients to actively participate in shaping the outcome, giving them far more control over their future.