Question 1: What is the bottom line regarding mediation? Is it worth the money? Should I consider going?

Answer: In mediation, a neutral third party (usually an attorney trained in mediation) acts as a facilitator to help resolve disputes. The role of the mediator is to facilitate communication between the parties, help them focus on the issues, and develop options for settlement. Mediators do not make any decisions; they merely help the parties arrive at a mutually acceptable resolution.

Mediation can be used to reach agreements for either temporary or final orders. Reaching an agreement at mediation usually gives parties the sense that they have had more control over the results than going to trial before a judge or jury.

There are certain costs associated with mediation. The mediator must be paid for his/her time, with each party paying half of the mediator’s fee. Each party will also pay his/her own attorney for the time spent at mediation.

If you reach an agreement during mediation, it is enforceable if both parties sign the written agreement and it says that it cannot be revoked. The judge in the case will then sign an order based on the mediated agreement.

Almost all cases settle prior to trial – most at mediation. It is almost always worth the money when you consider that it saves the cost of a trial. Whether you personally feel that mediation is a good option or not, you’ll likely have to go, as both Harris and Fort Bend County require mediation before a trial.