Mediation is a key step in resolving family law cases, but even once mediation is complete, there are still essential steps to finalize the process. Many clients beginning a divorce or custody case might start with "Let's settle this in mediation." Often, the decision to mediate comes before they consult with attorneys or file initial court paperwork. While mediation can occur at any stage, even before filing, it's important to understand what comes next after reaching a mediated agreement to complete your case.
Read also: Mediation as the First Step
Understanding the Mediator's Role
During mediation, the mediator needs to understand each party’s goals and the issues they’re disputing. The mediator, as a neutral party, cannot provide legal advice or apply the law to your specific case facts. This neutrality allows them to facilitate productive discussions but requires you to prepare and share relevant information beforehand. For example, in a divorce, both parties should provide a complete list of assets and debts to help the mediator assist in property division. In custody cases, income information may be necessary to calculate child support accurately.
Drafting the Mediated Settlement Agreement (MSA)
Once you reach an agreement in mediation, the mediator will draft a Mediated Settlement Agreement (MSA), outlining the agreed-upon terms. The MSA needs signatures from all parties and their attorneys, if present, to be binding. In Texas, the mediator is only authorized to draft the MSA and no other documents. This document then serves as the foundation for your Final Orders, the official legal document that conclude your case.
The Role of an Attorney After Mediation
An attorney is often recommended for drafting the Final Orders to ensure they comply with the MSA and are enforceable. While the MSA contains the essential terms, a Final Order typically includes additional language for legal accuracy. In some cases, attaching the MSA to the Final Order can help avoid future misunderstandings. However, it's the Final Order language that ultimately governs. Having an attorney draft this order based on the MSA is beneficial for clarity and enforceability.
When All Issues Are Not Resolved
If the parties cannot agree on all points during mediation, a court may need to resolve the remaining issues. For instance, parents may agree on custody and child support but disagree on dividing assets. In such cases, the mediator documents the resolved points and outlines the remaining issues for a judge’s determination. Occasionally, parties can return to mediation to settle unresolved points or adjust prior agreements. Judges may also direct parties back to mediation if an amicable resolution seems possible.
Finalizing the Order in Court
Once the Final Order based on the MSA is ready, the next step is court approval. The MSA may include a judge's signature to formalize it. Although a judge-signed MSA does not replace a Final Order, it does make the MSA enforceable as an order. The Final Order is the official document that concludes the case, ensuring all agreements are legally recorded.
Reach Out to Our Mediation Team!
If you're ready to explore mediation or need guidance on the process, our team at SonjaSimsMediation is here to help. We can walk you through the steps, from beginning to end, to work toward a resolution that meets your needs. Contact us today to learn more about how mediation can be the right solution for your case.
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