During divorce mediation in Texas, you and your spouse meet with a neutral mediator who guides you through negotiations on property division, child custody, support, and other disputed issues. The process is private, voluntary in nature, and far less adversarial than a courtroom trial. Most sessions last between four and eight hours, and many cases settle in a single day. At Varghese Summersett, our approach to mediation is built on three pillars: experience, preparation, and convenience.
Varghese Summersett’s Family Law Group brings over 100 years of combined legal experience and a team of 70+ professionals to every case. With offices in Fort Worth, Dallas, Houston, and Southlake, the firm handles family law matters ranging from straightforward uncontested divorces to high-net-worth property disputes involving millions in assets. The family law team includes multiple licensed mediators, seasoned trial lawyers, and a former Associate Judge who understands mediation from every angle.
Partner Craig Jackson is at the center of 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. Before joining Varghese Summersett, 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 experience on the bench gave Craig something most mediators lack: a firsthand understanding of how judges evaluate evidence, weigh testimony, and make decisions that change families’ lives.
Craig has successfully mediated hundreds of family law cases, served as lead counsel in thousands of family court proceedings, and handled dozens of appellate matters. He is routinely recognized as a Super Lawyer as published in Texas Monthly and Super Lawyers magazine and currently 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, and also includes Partner Dena Wilson, who brings over 20 years of family law experience as a Super Lawyer since 2012.
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Why Mediation Instead of Trial?
Texas family courts are busy. A contested divorce that goes to trial can take a year or longer to reach a final hearing. The financial cost of trial preparation, including attorney fees, expert witness fees, and court costs, can climb into the tens of thousands of dollars. And at the end of a trial, a judge who has spent a few hours with your case makes binding decisions about your children, your home, and your financial future.
Mediation puts that decision-making power back in your hands. You and your spouse, with the guidance of a skilled mediator and your own attorneys, craft the terms of your divorce. The agreements you reach in mediation tend to be more detailed, more creative, and more durable than court-imposed orders because both parties had a say in creating them.
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 is also commonly used to resolve disputes involving child custody, child support, and property division outside the divorce context.
The Legal Framework for Mediation in Texas
Texas law strongly favors mediation as a tool for resolving family law disputes. Under Texas Family Code § 153.0071, a Mediated Settlement Agreement (MSA) that meets certain requirements is binding on the parties. Once both sides sign an MSA, the agreement is irrevocable, meaning you generally cannot change your mind later. The court must enter a final order that reflects the terms of the MSA unless the court finds that a party was a victim of family violence, which impaired the party’s ability to make decisions.
Because an MSA carries this level of finality, having an experienced attorney at the mediation table is not optional. It is essential. Your attorney reviews every proposed term, explains the long-term consequences, and makes sure the agreement protects your interests before you put your signature on the document.
The underlying legal standards still shape the negotiations. In a no-fault divorce, the petitioner must establish that the marriage has become insupportable under Texas Family Code § 6.001. For child custody issues, the best interest of the child standard under Texas Family Code § 153.002 controls, and there is a rebuttable presumption that joint managing conservatorship is in the child’s best interest under § 153.131. A good mediator uses these legal standards as a framework to help parties evaluate the strength of their positions and the likely outcome if the case goes to trial.
Our Approach: Prepare, Mediate, Close
When our attorneys act as mediators, our mediation philosophy is built on a simple premise: the parties deserve more. Too many mediations are needlessly prolonged because the mediator is unprepared, the issues are poorly framed, and the settlement agreement is rushed at the end of a long day. The process is designed to eliminate those problems at every stage.
Phase One: Prepare
Preparation is where most mediations are won or lost, and it is where Craig separates himself from other mediators. Before each session, he dedicates focused time to thoroughly understanding the details of your case. He reviews all materials provided by both attorneys, identifies the key issues, anticipates potential challenges, and develops strategic approaches to facilitate productive dialogue.
Craig also does something that many mediators skip entirely: he prepares a draft Mediated Settlement Agreement before mediation begins. This draft contains property descriptions and language that addresses every issue he is aware of. The advantage is twofold. First, it speeds up the process significantly once the parties reach an agreement, because the framework for the final document already exists. Second, it helps ensure that no issues are accidentally omitted from the final agreement.
As Craig explains it, every case involves a new set of facts, different personalities, and different legal issues. If he knows in advance who the parties are, what they want, and why they believe they should get what they want, he is better able to mediate effectively and efficiently. If the attorneys are willing, he is also happy to discuss issues by phone before mediation to gain a deeper understanding of the parties and the disputes.
On your side, your attorney at Varghese Summersett prepares you just as thoroughly. This includes gathering all relevant financial documents such as tax returns, bank statements, retirement account statements, business records, and real property appraisals. Your attorney will also help you establish clear priorities, distinguishing between the issues that matter most and the areas where you have room to negotiate.
Phase Two: Mediate
Most mediation sessions begin with a brief joint session. The mediator introduces himself, explains the ground rules, and gives each side an opportunity to share a brief overview of the case and their goals. After this opening, the parties typically move to separate rooms for the remainder of the session.
Craig understands that parties often need to vent early in mediation. They want the mediator to understand what they are going through. This is natural and necessary to get people in the right frame of mind to deal with the business side of the process. However, Craig’s thorough preparation means that very little time is spent educating the mediator about the basic facts and issues of the case. The clock runs fast during mediation, and every minute spent re-explaining facts is a minute that could have been spent negotiating toward resolution.
From there, Craig moves between the rooms, carrying offers and counteroffers, identifying areas of common ground, and helping both sides see the strengths and weaknesses of their positions. His experience as an Associate Judge is particularly valuable here. Craig has seen cases from the bench. He knows how judges weigh evidence and how unpredictable trials can be. He uses those experiences honestly with both parties, sharing the reality that he has won cases he expected to lose and lost cases where he delivered his best performance. By helping parties appreciate the risk versus reward of going to trial, Craig creates the movement in positions that makes settlement possible.
Your attorney sits with you throughout the entire session, advising you on whether to accept, reject, or counter each proposal. No agreement is made without your full understanding and consent.
Phase Three: Close
If the parties reach an agreement, Craig facilitates the drafting of the final Mediated Settlement Agreement. Because he has already prepared a draft MSA before the session, this phase is faster and more accurate than it would be otherwise. The final document reflects the specific terms both sides agreed to, with language that is clear, complete, and enforceable.
Craig pays meticulous attention to detail during this phase. The entire purpose of mediation is to resolve disputes without going to court. Few things are more frustrating than working hard to settle a case in mediation, only to end up back in court fighting about what the settlement agreement actually means. Craig’s pre-drafted framework and careful finalization process are designed to prevent exactly that outcome.
Once signed, the MSA is binding under Texas law. It is then incorporated into the final decree of divorce, which the court approves and enters as a court order.
What to Bring to Mediation
Your attorney will guide you on exactly what documents to gather, but here is a general overview of what you should be prepared to bring:
- Recent tax returns (typically the last two to three years)
- Pay stubs and proof of income for both spouses
- Bank and investment account statements
- Retirement account and pension statements
- Real property appraisals or recent market valuations
- Mortgage statements and loan documents
- Business financial records (if applicable)
- A list of community and separate property assets
- Documentation of debts, including credit cards, student loans, and vehicle loans
- A proposed custody and possession schedule (if children are involved)
The more organized and thorough your documentation, the smoother the negotiation process will be. Craig Jackson reviews all materials attorneys provide in advance of mediation, so having complete documentation helps him prepare more effectively for your session.
Common Issues Resolved in Mediation
Nearly every contested issue in a Texas divorce can be addressed through mediation. These include community property division, including the family home, vehicles, bank accounts, retirement funds, stock options, and business interests. They also include child custody and possession schedules, child support calculations, spousal maintenance amounts and duration, health insurance and medical expense allocation, and the division of debts.
Mediation is particularly well-suited for high-net-worth divorces where the assets are complex. Business valuations, real estate portfolios, stock options, and retirement accounts all require careful analysis and creative negotiation. A skilled mediator like Craig Jackson, who has handled these issues in thousands of proceedings, can help parties reach solutions that a judge in a time-constrained courtroom might not be able to craft.
What Happens If Mediation Fails?
Not every mediation results in a full settlement. Sometimes the parties are too far apart on a particular issue, or one side is not negotiating in good faith. If that happens, your case moves forward toward trial. However, mediation rarely fails completely. Even when the parties do not reach a full agreement, mediation often narrows the contested issues, which shortens the trial and reduces legal costs.
Anything discussed during mediation remains confidential and cannot be used against you in court. Under Texas law, mediation communications are protected, so you can negotiate openly without fear that your words will be quoted back to you in a courtroom.
At Varghese Summersett, your attorney is prepared for either outcome. The same team that represents you at mediation is ready to take your case to trial if necessary. The firm’s family law attorneys have collectively handled thousands of proceedings, including bench trials, jury trials, and appeals, giving you a seamless transition from negotiation to litigation if your case requires it.
What to Expect From Varghese Summersett
From the moment you contact our office, our focus is on understanding your situation, your goals, and the best path forward. Whether your case involves a straightforward custody dispute or a multi-million-dollar estate with business interests and complex assets, our team has the experience and resources to protect your interests.
When you work with Varghese Summersett for mediation, you can expect a detailed case evaluation that identifies every asset, debt, and custody issue; a clear explanation of your legal rights under Texas law and the realistic range of outcomes; strategic preparation, including document gathering, financial analysis, and goal-setting; skilled representation at the mediation table by attorneys who have handled thousands of family law cases; and thorough review of any proposed settlement agreement before you sign. Craig Jackson’s pre-mediation preparation, including his advance draft of the Mediated Settlement Agreement, means your mediation session is efficient, focused, and productive from the first minute to the last.
To speak with a member of our family law team, call (817) 203-2220.
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Frequently Asked Questions About What to Expect During Mediation
How long does a mediation session typically last?
Most mediation sessions last between four and eight hours, depending on the number and complexity of the issues involved. Some cases settle in a single session. More complex disputes, particularly those involving significant assets or contentious custody issues, may require a second session. Craig Jackson’s thorough preparation helps keep sessions focused and productive, reducing the likelihood of needing additional sessions.
Do I have to be in the same room as my spouse during mediation?
No. After a brief joint opening session, most mediations are conducted in separate rooms. The mediator moves between rooms, carrying proposals and counteroffers. You will not be forced into face-to-face negotiation with your spouse. Your attorney is with you the entire time.
What if my spouse refuses to negotiate in good faith?
An experienced mediator can often break through resistance by helping a reluctant party understand the realistic alternatives. If mediation does not produce a settlement, your case proceeds to trial. The mediation process is confidential, so nothing your spouse said or offered during mediation can be used in court. Your attorney at Varghese Summersett is prepared to litigate your case if mediation does not succeed.
Can I bring new issues to mediation that were not in the original petition?
Yes. Mediation is flexible. If new issues have arisen since the divorce was filed, or if there are concerns that were not addressed in the pleadings, they can be discussed and potentially resolved in mediation. Your attorney will advise you on whether raising a new issue at mediation is strategically beneficial.
Is what I say during mediation confidential?
Yes. Under Texas law, mediation communications are confidential and cannot be disclosed or used as evidence in court. This confidentiality encourages open, honest negotiation. The only document that becomes part of the court record is the signed Mediated Settlement Agreement itself.
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Ready to Prepare for Mediation? Talk to Our Team.
If you have a mediation session approaching or want to explore mediation as the best path for your divorce, the family law attorneys at Varghese Summersett are here to help. With a Board Certified family law attorney and former Associate Judge on the team, you will walk into mediation with the preparation and representation you need to protect your rights and your family’s future. Call (817) 203-2220 to speak with a member of our family law team.
