Although mediation is not nearly as stressful or as formal as a trial, preparation is still key to its success. In Texas, mediation has been successful in various types of cases, especially divorces. Knowing what to expect and preparing well for your Texas mediation session will allow you to focus on your main goal: settlement.
First, think back to the events that led to filing for divorce. For divorce mediation, think about the incidents that happened that led to the decline of your marriage. Was it an affair? The loss of a job? Take note of these incidents and write them down, including dates and as much detail as you can remember. Additionally, go back through your email, text messages, social media and photographs to see if you have any items that support your position. For example, if your spouse had an affair, do you have any text messages where your spouse admits it? Print out and organize these items and bring them with you to mediation. There are no strict rules of evidence in mediation, so you may bring any items with you that you like that support your arguments.
During mediation, the mediator will meet with you and your spouse individually to discuss your positions on the various issues in your case. This means that the mediator may be with your spouse for thirty minutes or even an hour or longer at a time. Although you will of course discuss your case with your attorney during this period, there may be a significant amount of down time. Take a book, magazine, or tablet to help pass the time.
Additionally, you should expect your mediation session to last at least half a day (or 4 hours). There are mediations that go up to 12 hours – but it’s usually because the parties want to resolve their issues without going before a judge. Therefore, it would be wise to take the day off of work and make any other necessary arrangements