Mediation is where many New Braunfels divorces and custody cases are actually resolved. Instead of a judge deciding, you and the other party work with a neutral mediator to reach your own agreement. In Comal County and the surrounding counties, mediation is a routine step in contested family cases, and a well-prepared client often walks out with a settlement that fits their family better than a court ruling would. This guide explains how mediation works in Texas and how to prepare for it with your family law attorney.
How Family Mediation Works in Texas
A mediator is a trained neutral, often a family lawyer or retired judge, who helps the parties negotiate. The mediator does not decide anything and does not represent either side.
A typical day looks like this:
- Arrival and setup. Parties are often placed in separate rooms, physical or virtual, each with their own lawyer.
- Opening. The mediator explains the ground rules and confidentiality.
- Shuttle negotiation. The mediator moves between rooms, carrying offers, testing ideas and helping each side see risks.
- Agreement or impasse. If the parties settle, the terms are written into a mediated settlement agreement and signed before anyone leaves.
Sessions can last a half day or a full day. Bring patience. Progress often comes late in the afternoon.
Why the Mediated Settlement Agreement Matters
Texas gives special weight to mediated settlement agreements in family cases. When the agreement includes a prominent statement that it is not subject to revocation and is signed by the parties and any attorneys present, it is generally binding, and a party is entitled to a judgment based on it, with narrow exceptions such as certain family violence situations. That means the decisions you make at mediation are usually final. Preparation is everything.
For more on the process itself, see our divorce mediation page.
Two to Four Weeks Before Mediation
Finish Financial Disclosures
You cannot negotiate a fair property division without accurate numbers. Work with your lawyer to complete an inventory of assets and debts and get current statements. Our divorce checklist shows what to gather.
Get Valuations Where Needed
If the house, a business or a retirement account is in play, get a realistic value. For the home, an appraisal or a broker’s opinion may be needed, especially in a market like New Braunfels where values have moved quickly. For retirement accounts, know the balance on the date of marriage and today.
Draft a Parenting Proposal
If children are involved, think through a schedule that works for your family. Consider school locations, work hours, commutes and how far apart the parents live. Know the basics of the standard possession order so you can see where your proposal fits.
Know the Support Numbers
Ask your lawyer to estimate guideline child support so you can evaluate offers. In Texas, guideline support for one child is 20% of the obligor’s net resources, rising with each additional child, up to a net-resource cap. Our child support calculator page explains the inputs.
The Week Before Mediation
Define Your Priorities
Write three lists:
- Must-haves: the outcomes you need, such as a schedule that keeps the children in their current school.
- Nice-to-haves: outcomes you want but could trade.
- Can-let-go: items that matter less than peace.
Think About Your Best Alternative
What happens if you do not settle? Talk with your lawyer about a realistic range of trial outcomes, the cost of getting there and the time involved. A settlement offer looks very different when you compare it to a realistic alternative instead of a best-case dream.
Consider the Other Side’s View
What does your spouse need to feel the deal is fair? Settlements happen when both people can live with the result. Understanding their priorities helps you find trades.
What to Bring on Mediation Day
| Bring | Why |
|---|---|
| Your inventory and recent statements | To check numbers in real time |
| Your monthly budget | To test whether an offer is affordable |
| School and work calendars | To check a proposed parenting schedule |
| Your priority lists | To stay focused when you are tired |
| Snacks, water, phone charger and medications | Days can be long |
| A notepad | To track offers and questions |
If the mediation is online, test your video connection and find a quiet, private space where children cannot overhear.
On the Day: Staying Clear-Headed
- Expect a slow start. First offers are often far apart.
- Listen to the mediator’s reality checks. They are aimed at both sides.
- Take breaks. Step outside, eat something and talk privately with your lawyer.
- Do not decide based on exhaustion. If you are too tired to think, say so.
- Ask about every term. Who pays the mortgage until the house sells? Who claims the children for taxes? When are exchanges?
- Watch the details. Make sure the agreement addresses retirement division, debt responsibility, insurance and deadlines.
Common Issues Settled at Mediation
- Who keeps the house, or whether it will be sold
- Division of retirement accounts, often through a QDRO
- Responsibility for credit cards, car loans and other debts
- Conservatorship and the possession schedule
- Child support, medical support and extra expenses
- Spousal maintenance or contractual alimony
- Who pays attorney’s fees
After Mediation
If you settle, your lawyer will prepare the final decree based on the agreement, and the case moves toward a short prove-up hearing or a signed order. Review the draft decree carefully to make sure it matches what was agreed.
If you do not settle, partial agreements still help. The case continues, and your lawyer will discuss next steps such as further negotiation or trial. Our guide on preparing for court covers that path.
Prepare for Mediation With a New Braunfels Divorce Attorney
Mediation rewards preparation. Our family law team helps clients across New Braunfels and Comal County walk into mediation with clear numbers, a realistic plan and confidence. Call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Is mediation required in Comal County?
Texas courts may refer family cases to mediation, and many judges expect parties to try it before a contested final trial. Whether it is required in your case depends on the court’s orders, so check with your lawyer or the district clerk.
Can I back out of a mediated settlement agreement after signing?
A mediated settlement agreement that meets the Texas Family Code’s requirements, including a prominent statement that it is not subject to revocation and the signatures of the parties and any attorneys present, is generally binding. Limited exceptions exist, such as certain family violence situations. Treat signing as final.
Do I have to be in the same room as my spouse?
Usually not. Many family mediations use separate rooms, with the mediator moving between them. Online mediations can use separate virtual rooms. If there is a history of family violence, tell your lawyer and the mediator in advance.
What if we do not settle at mediation?
The case continues toward trial or further negotiation. Partial agreements on some issues can still be signed, which narrows what a judge must decide. Offers made in mediation are generally confidential.
Who pays for the mediator?
Mediators set their own fees, and parties commonly split them unless they agree or the court orders otherwise. Ask about the fee and cancellation policy when scheduling.
Last reviewed November 13, 2026. General information only, not legal advice.