Lawyers Helping Families Sort Out Legal Matters
Scroll Down
photo of the legal team at Mackoy, Hernandez, Jones and Woods LLP

Is mediation binding? How can you make decisions final?

On Behalf of | Jul 29, 2022 | Divorce

Mediation can be an excellent tool to help you handle your divorce concerns. One thing you should know about it, though, is that it is not binding. Since mediation is non-binding, that means that nothing you do in a mediation session will be final until you and the other party sign an agreement and have it approved by the court in Texas.

You might be wondering why you would want to go through mediation if the results you get there aren’t binding. After the work of going through mediation, it could be possible that either you or the other party could decide that you’re not happy with the resolution and walk away from it. You could still choose to litigate, essentially invalidating anything you did in mediation, too.

Mediation isn’t binding, but that’s a good thing

However, as a form of alternative dispute resolution, mediation is helpful in many ways. It gives you a safe space in which you can explore possible resolutions. With mediation sessions, your conversation is more collaborative, and you both get to propose your own ideas for how to resolve disputes.

Since a mediator is a third party, they’re not biased towards one person or the other, either. That means that you have an opportunity to get an unbiased opinion and to learn about your options without having any of those forced into a binding agreement.

Mediation encourages conversation

The nice thing about mediation is that it encourages conversation and takes steps to keep those conversations on track. There are rules for each session, which may require you to be polite and respectful or to agree to listen to what the other person is saying without interruption. While these kinds of rules seem obvious, they can go a great distance in facilitating conversation and encouraging both parties to come up with reasonable solutions.

Mediation can be a great benefit to you during your divorce. If you and the other party do agree on something, your attorneys can draw up paperwork and have you both sign the agreement. Then, it will be submitted to the court for approval, so your dispute can finally end.