Mediation and collaborative divorce are both alternatives to a courtroom trial, but they work differently. In mediation, a neutral third party helps you and your spouse negotiate a settlement, typically in a single day. In a collaborative divorce, each spouse hires a specially trained attorney, and both sides commit to reaching an agreement through a series of structured meetings without court intervention. If the collaborative process fails, both attorneys must withdraw, and you start over with new lawyers. The right choice depends on the complexity of your case, the level of conflict between the parties, and how quickly you need a resolution.
Varghese Summersett’s Family Law Group has over 100 years of combined legal experience and a team of 70+ professionals across offices in Fort Worth, Dallas, Houston, and Southlake. The firm’s family law attorneys are skilled in both mediation and collaborative divorce, giving clients the flexibility to pursue the approach that best fits their situation. Whether a case involves a straightforward custody dispute or a multi-million-dollar estate with business interests and complex property, the team has the depth to handle it.
Partner Craig Jackson anchors the firm’s mediation practice. Craig has been a family lawyer for nearly three decades and has been Board Certified in Family Law by the Texas Board of Legal Specialization since 2004. He served as the Associate Judge for the 360th District Court in Tarrant County, where he presided over hundreds of contested hearings and numerous final trials. That judicial experience gives Craig a rare ability to evaluate both sides of a dispute and help parties understand what a judge would likely do if the case went to trial. He has successfully mediated hundreds of family law cases and served as lead counsel in thousands of family court proceedings. Craig is routinely recognized as a Super Lawyer and serves on the Texas State Bar’s Texas Family Law Practice Manual committee.
The Family Law Division is led by Partner Turner Thornton, a licensed mediator recognized by Best Lawyers in America for Family Law. Partner Dena Wilson brings over 20 years of family law experience and has been named a Super Lawyer every year since 2012. Senior Associate Kristen Carr is a licensed mediator recognized by Best Lawyers in America who has handled hundreds of family law matters, including adoptions and high-net-worth divorces.
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Understanding the Two Approaches
Both mediation and collaborative divorce aim to keep your case out of a courtroom, but the structure, timeline, cost, and risks are different. Understanding those differences is the first step toward choosing the right path for your family.
Mediation: How It Works
In mediation, a neutral mediator facilitates negotiations between you and your spouse. Each party typically has their own attorney present. The mediator does not make decisions or take sides. Instead, the mediator helps both parties identify common ground, evaluate the strengths and weaknesses of their positions, and work toward a mutually acceptable agreement.
Under Texas Family Code § 6.602, courts can order mediation at any point during a divorce. Most Tarrant County family courts require it before they will set a case for trial. Mediation usually takes place in a single session lasting four to eight hours, though complex cases may require a second session.
If the parties reach an agreement, the mediator helps draft a Mediated Settlement Agreement (MSA). Under Texas Family Code § 153.0071, an MSA that meets certain requirements is binding and irrevocable. Once signed, it is incorporated into the final divorce decree.
Collaborative Divorce: How It Works
In a collaborative divorce, each spouse hires an attorney who is trained in collaborative law. Both parties and their attorneys sign a participation agreement committing to resolve the case through negotiation rather than litigation. The process typically involves a series of four-way meetings where both spouses and both attorneys sit at the same table and work through issues together.
Collaborative divorce often brings in additional professionals, such as financial advisors, child specialists, or mental health counselors, to help address specific issues. This team approach can be beneficial in cases involving complex emotions or family dynamics.
The defining feature of collaborative divorce is the disqualification clause. If the collaborative process breaks down and either party decides to go to court, both attorneys must withdraw from the case. Each spouse must then hire new attorneys, essentially starting over from scratch. This creates a strong financial incentive for both sides to negotiate in good faith, but it also carries a significant risk if one party is not fully committed to the process.
Key Differences: A Side-by-Side Comparison
| Factor | Mediation | Collaborative Divorce |
|---|---|---|
| Timeline | Usually resolved in 1-2 sessions (one day) | Multiple meetings over weeks or months |
| Cost | Lower (fewer sessions, fewer professionals) | Higher (multiple meetings, team of professionals) |
| If It Fails | Your attorney takes the case to trial | Both attorneys must withdraw; you start over |
| Structure | Separate rooms; mediator shuttles between | Four-way meetings; face-to-face with spouse |
| Neutral Third Party | Yes (the mediator) | No single neutral; both attorneys guide process |
| Court Involvement | Can occur during litigation; court-ordered | Voluntary; no court involvement until decree |
| Binding Agreement | MSA is binding and irrevocable under TX law | Agreement is binding once signed by both parties |
When Mediation Is the Better Choice
Mediation tends to be the stronger option in several common scenarios. If you need a resolution quickly, mediation can settle your case in a single day rather than stretching across weeks of meetings. If your case is already filed and moving through the court system, mediation fits naturally into the litigation timeline. Most family courts in Tarrant County will require it before trial anyway.
Mediation is also the safer choice when you are uncertain about the other party’s commitment to good-faith negotiation. If mediation fails, you keep your attorney and proceed to trial without losing any ground. In a collaborative divorce, failure means losing your attorney and starting over.
For high-net-worth divorces involving significant assets, business interests, or contentious property disputes, mediation with a seasoned mediator like Craig Jackson offers a distinct advantage. Craig’s nearly three decades of family law experience and his time on the bench as an Associate Judge mean he understands the realistic range of outcomes a judge would order. He uses that knowledge to help parties evaluate whether the terms on the table are reasonable or whether they should push harder. As Craig puts it, his experience has taught him that judges and juries are unpredictable, and by helping parties appreciate the risk versus reward of going to trial, he creates the movement necessary for settlement.
Craig’s preparation sets his mediations apart. Before each session, he reviews all materials provided by both attorneys, identifies key issues, and prepares a draft Mediated Settlement Agreement. This pre-work means no time is wasted during the session educating the mediator on basic facts, and the final agreement is drafted faster, with fewer errors, than in a typical mediation.
When Collaborative Divorce May Be the Better Fit
Collaborative divorce can work well for couples who are committed to a respectful process and want to avoid the adversarial dynamic that sometimes develops during litigation. It is often a good fit for families with young children where the parents want to preserve their co-parenting relationship. The structured meeting format and the involvement of child specialists can help parents develop custody and possession arrangements that prioritize the children’s needs.
Collaborative divorce is also worth considering when a case involves emotional complexity that benefits from the involvement of mental health professionals or coaches. The team approach allows each party to have support beyond their attorney.
However, the pros and cons of collaborative divorce must be weighed carefully. The disqualification clause is a real risk. If one spouse decides to walk away from the process, both parties lose their attorneys and the investment of time and money already spent on the collaborative sessions. For that reason, collaborative divorce works best when both parties are fully committed from the start.
The Legal Standards That Apply to Both Approaches
Whether you choose mediation or collaborative divorce, the same Texas legal standards shape the negotiations. Understanding these standards helps you evaluate whether a proposed agreement is fair.
In a no-fault divorce, the petitioner must establish that the marriage has become insupportable under Texas Family Code § 6.001. If fault grounds are alleged, such as adultery, cruelty, or abandonment under §§ 6.002 through 6.007, the petitioner must prove those grounds by a preponderance of the evidence. Fault findings can affect how the court divides property and whether spousal maintenance is awarded.
For child custody, the best interest of the child standard controls under Texas Family Code § 153.002. There is a rebuttable presumption that joint managing conservatorship is in the child’s best interest under § 153.131. Both mediation and collaborative divorce allow parents to develop custom custody and possession schedules that reflect their family’s unique needs, rather than relying on the court’s standard possession order.
Texas is a community property state, meaning assets and debts acquired during the marriage are presumed to belong to both spouses. The court’s goal is a “just and right” division, which does not always mean 50/50. Factors such as fault in the breakup of the marriage, disparity in earning capacity, and the needs of children can affect the division. A skilled attorney ensures your agreement reflects these principles, whether you reach it at the mediation table or through collaborative sessions.
Why Craig Jackson and Varghese Summersett for Either Path
Choosing between mediation and collaborative divorce is one of the most consequential early decisions in your case. At Varghese Summersett, our family law team has the experience and versatility to guide you through either process, and to transition seamlessly to trial if needed.
Craig Jackson brings a combination of experience that few family lawyers in Texas can match. His nearly 30 years in family law, his Board Certification since 2004, his service as an Associate Judge, and his record of successfully mediating hundreds of cases give him a deep understanding of what works at the negotiation table and what a judge would likely decide in a courtroom. His approach to mediation, built on thorough preparation, honest risk assessment, and meticulous drafting of the settlement agreement, consistently produces results that serve his clients well.
The broader family law team, including Turner Thornton, Dena Wilson, and Kristen Carr, provides the depth necessary to handle every aspect of your divorce. Whether your case settles through mediation, resolves through collaborative sessions, or requires aggressive litigation through trial, you never have to switch law firms or start from scratch.
What to Expect From Varghese Summersett
From your first call, our team focuses on understanding your situation, your goals, and the dynamics of your case. We help you evaluate whether mediation, collaborative divorce, or traditional litigation is the best path forward. You can expect a thorough case evaluation to identify all assets, debts, and custody issues; a clear explanation of your options under Texas law; strategic preparation tailored to the approach you choose; experienced representation at every stage; and careful review of any agreement before you sign.
To speak with a member of our family law team about your options, call (817) 203-2220.
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Frequently Asked Questions About Mediation vs. Collaborative Divorce
Can I switch from collaborative divorce to mediation?
If the collaborative process breaks down, you cannot simply switch to mediation with the same attorneys. Under the collaborative participation agreement, both attorneys must withdraw. However, you can hire a new attorney and pursue mediation or litigation. This is one of the key risks of collaborative divorce and a reason many families prefer to start with mediation.
Which approach is less expensive?
Mediation is typically less expensive than collaborative divorce. Mediation usually involves a single session with a mediator’s fee, plus your attorney’s time for preparation and attendance. Collaborative divorce involves multiple meetings, each requiring attorney time, and often adds the cost of financial professionals, child specialists, and coaches. However, both options are significantly less expensive than a contested trial.
Does the court prefer one approach over the other?
Texas courts do not express a preference, but they do commonly order mediation under Texas Family Code § 6.602. Collaborative divorce is a private, voluntary process that does not involve the court until the final decree is presented for approval. Both approaches are well-recognized under Texas law.
Can mediation or collaborative divorce address complex property issues?
Yes. Both processes can address complex property division, including business interests, real estate portfolios, retirement accounts, stock options, and high-value assets. In mediation, a seasoned mediator like Craig Jackson draws on his experience with thousands of family law proceedings to help parties evaluate proposals and reach fair terms. In collaborative divorce, outside financial experts are often brought in to assist with valuations and analysis.
What if there has been domestic violence in the marriage?
Collaborative divorce, which requires face-to-face meetings between the parties, is generally not appropriate when there is a history of domestic violence. Mediation can be conducted with the parties in separate rooms, but the court must consider whether mediation is appropriate under Texas Family Code § 153.0071. Your attorney can advise you on the safest approach for your situation.
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Not Sure Which Approach Is Right for You? Let’s Talk.
Choosing between mediation and collaborative divorce is a decision that affects the cost, timeline, and outcome of your case. The family law attorneys at Varghese Summersett, including Board Certified attorney and former Associate Judge Craig Jackson, can evaluate your situation and help you choose the path that gives you the best chance of a fair, efficient resolution. Call (817) 203-2220 to speak with a member of our family law team.
