Texas law, explained
The short answer
Divorce mediation is a confidential meeting where a neutral mediator helps spouses settle property, custody and support without a trial. In Texas, a mediated settlement agreement that meets Texas Family Code § 6.602 or § 153.0071 is binding and cannot simply be revoked, and the court enters judgment on it. John B. Polk is a Dallas family law mediator who has resolved hundreds of cases in mediation, as an attorney or as the mediator, in person or over Zoom.
How divorce mediation works in Dallas
Mediation is a structured negotiation led by a neutral mediator who has no power to decide your case. The mediator's job is to help both spouses see the issues clearly, test proposals and find terms each can accept.
Texas courts can send a divorce to mediation if the spouses agree in writing or on the court's own motion (Texas Family Code § 6.602(a)). The same rule applies to custody and support cases under § 153.0071(c). So both spouses do not have to want mediation for it to happen, but neither can be forced to settle.
Mediation can replace a trial completely. If you settle every issue, the agreement becomes the basis of your final decree and no trial is needed. If you settle some issues, only the rest go to the judge. The overall steps of a Texas divorce are on the divorce page.
Why spouses choose mediation
- Control. You decide the terms instead of a judge who has known your family for a few hours.
- Privacy. Mediation communications are confidential under Texas law; a trial happens in open court.
- Cost and time. One prepared mediation can replace months of hearings and trial preparation.
- Co-parenting. Parents who negotiate their own plan often find it easier to keep.
Booking John B. Polk as your mediator
To book a mediation with John B. Polk, choose a session on his calendar, call 214-599-2020 or use the contact form. Spouses can book together, one side can reach out first, and attorneys can book John to mediate for their clients.
- Where: in person at 2911 Turtle Creek Blvd., Suite 300, Dallas, or over Zoom.
- Who comes: both spouses, and each spouse's lawyer if they have one.
- What he does: as mediator John is neutral and represents neither spouse. He does not give either of you legal advice about your side of the case.
- What you bring: financial statements, an inventory of property and debts, and your proposed parenting plan if children are involved.
To choose an experienced family law mediator in Dallas, look for one who practices family law, knows how the Dallas County courts handle property and custody, and has mediated cases like yours, then ask how they run high-conflict sessions and whether they offer Zoom. John B. Polk has more than 25 years in Dallas family law and has resolved hundreds of cases in mediation, as an attorney or as the mediator.
John's published rates for Zoom mediation are $600 per party for a half day (8:30 a.m. to 12:30 p.m., or 1:30 p.m. to 5:30 p.m.) and $1,000 per party for a full day (9 a.m. to 5 p.m.), paid 3 days before the session; each side pays its own share. Yes, mediation can be done over Zoom. Zoom mediation works for people in different cities, for spouses who prefer not to be in the same room, and for busy schedules. Separate virtual rooms let the mediator meet with each side privately.
What mediation can resolve, including custody and business assets
Mediation can resolve every issue in a Texas divorce: division of property and debts, the home, retirement accounts, spousal maintenance, conservatorship, the possession schedule and child support.
Custody disagreements are often where mediation helps most, because parents can build a schedule around their children's real lives rather than accept a standard order. A properly signed mediated agreement about children is binding: the judge must enter it and can refuse only in the narrow family-violence and child-safety situations in Texas Family Code § 153.0071(e-1), where the agreement is also not in the child's best interest.
Family businesses and large estates can be mediated too. The spouses may jointly hire a valuation expert or forensic accountant, or each bring their own, so the discussion starts from numbers both trust. John has worked with valuation experts, forensic accountants, CPAs and tax advisors on property and business cases. See business valuation and protection.
Mediation also works after the divorce. Modifications of custody, visitation and support can be mediated before or instead of a contested hearing. For ongoing day-to-day co-parenting disputes, parenting facilitation may fit better.
When mediation is not the right fit
Mediation can work in a high-conflict divorce, but not when one spouse cannot negotiate freely or safely. Texas law builds in protection for family violence. Under Texas Family Code § 6.602(d) and § 153.0071(f), a party can file a written objection to mediation based on family violence; the case then cannot be sent to mediation unless the court holds a hearing and finds the objection is not supported. If the case is mediated anyway, the court must order safety measures, such as no face-to-face contact and separate rooms.
For custody agreements, § 153.0071(e-1) lets a judge refuse to enter a mediated agreement if family violence impaired a party's ability to make decisions and the agreement is not in the child's best interest.
In high-conflict cases without violence, mediation often happens with each spouse in a separate room and the mediator moving between them. That format lets people negotiate without having to face each other. Where control or fear is part of the marriage, talk to a lawyer before agreeing to mediate. See contested divorce.
Mediator, parenting facilitator or parenting coordinator
Yes, divorce mediation is private in Texas: what is said in mediation is confidential under Texas Civil Practice and Remedies Code § 154.073, and the mediator generally cannot be made to testify. That is one of the main differences between a mediator and the related co-parenting roles below.
These roles are different, and John serves in each of them, one role per case. A mediator helps you reach an agreement and keeps what is said confidential. A parenting coordinator helps co-parents resolve ongoing disputes, and the same confidentiality rules apply to that work (Texas Family Code § 153.0071(g)). A parenting facilitator, appointed under Texas Family Code § 153.6051 and following, also works with co-parents, but the process is not confidential and the facilitator may testify.
In every one of these roles, John is neutral and represents neither parent. Details are on the parenting facilitation page.
Questions people ask
Is divorce mediation cheaper than going to court?
Usually it costs less than a trial, because one negotiated day replaces months of hearings, discovery and trial preparation. The mediator's fee can be shared between the spouses, and each spouse still pays their own lawyer if they have one. How much you save depends on how many issues you settle and how prepared you arrive.
How much does divorce mediation usually cost in Texas?
There is no set price in Texas law; cost depends on the mediator's rate, how long the session runs, whether more than one session is needed and whether lawyers attend. Complex property or business issues take more time. John's published rates for Zoom mediation are $600 per party for a half day and $1,000 per party for a full day, paid 3 days before the session; you can book a session online or call 214-599-2020.
Can we use a mediator instead of going through a divorce trial?
Yes. If you settle every issue in mediation, the signed agreement becomes your final decree and there is no trial. The judge still has to sign the decree after the 60-day waiting period under Texas Family Code § 6.702.
Do both spouses have to agree to mediation?
No. A Texas court can order mediation on its own motion under Texas Family Code § 6.602 and § 153.0071. Both spouses must attend if ordered, but neither has to accept an agreement they do not want.
Can mediation help when we disagree about child custody?
Yes. Mediation lets parents shape conservatorship and the possession schedule around their own children rather than leaving it to a judge. A signed mediated agreement about children is binding and the judge must enter it, except in the narrow family-violence and child-safety situations in Texas Family Code § 153.0071(e-1), so think it through, with your own lawyer if you have one, before you sign.
Is mediation a good idea for a high-conflict divorce?
Often it is, if both spouses can negotiate safely and freely. Separate rooms and a mediator who carries offers back and forth let high-conflict couples settle without face-to-face arguments. Where there is family violence, Texas law lets a party object to mediation and requires safety measures if it goes forward.
Is mediation appropriate when one spouse is controlling or abusive?
It depends on safety and whether the abused spouse can speak freely. Under Texas Family Code § 6.602(d) and § 153.0071(f), a victim of family violence can object to mediation, and the court must order protections, such as separate rooms, if mediation still goes forward. Talk to a lawyer before agreeing to mediate in that situation.
Can mediation help us divide a family business?
Yes. A business can be valued and divided, bought out or kept by one spouse through a mediated agreement. A shared valuation expert or forensic accountant often makes the discussion more productive because both sides work from the same numbers.
Can a mediator help us settle a divorce involving millions in assets?
Yes. Large estates can be mediated like any other case; what matters is preparation, accurate valuations and tax advice before the session. John works with valuation experts, forensic accountants, CPAs and tax advisors on property and business cases.
Can we use mediation for child custody changes after divorce?
Yes. A modification of custody, visitation or support can be mediated, and courts can refer those cases to mediation under Texas Family Code § 153.0071. If you settle, the agreement is turned into a modification order signed by the judge.
How do I choose an experienced family law mediator in Dallas?
Look for a mediator who practices family law, knows how Dallas County courts handle property and custody, and has mediated many cases like yours. Ask whether they offer Zoom, how they handle high-conflict sessions and what their fee covers. John B. Polk is a Dallas family law mediator with more than 25 years in family law and hundreds of cases resolved in mediation.
Can we do divorce mediation over Zoom?
Yes. John B. Polk mediates over Zoom as well as in person at his Turtle Creek office. Zoom uses private breakout rooms so the mediator can meet with each side separately, and agreements can be signed electronically.
Guides on this topic
MediationWhat Happens at a Divorce Mediation in DallasWhat the first divorce mediation session looks like, what documents to bring, how long it takes and whether you need a lawyer in the room.
MediationIs a Mediated Settlement Agreement Binding in Texas?What makes a Texas mediated settlement agreement binding, whether you can change it later and what happens if mediation ends without a deal.
MediationIs Online Divorce Mediation an Option in Texas?Divorce mediation over Zoom follows the same rules as mediation in person. Here is how a session runs, how agreements are signed and when it fits.