Is Mediation Required for My Texas Divorce?

 Posted on January 14, 2026 in Mediation

Communication can be difficult during a divorce. If there has been a lot of bad feeling leading up to the divorce, it may be hard to have productive conversations while you try to work out the details. In this case, mediation can be a great tool. Mediation is where a neutral professional steps in to help a couple figure out issues like child support, asset division, or spouse support.

There are two types of divorce mediation in 2026: court-ordered and private. Our Houston, TX divorce lawyers can help you understand if you will need to have either for your case.

What is Court-Ordered Mediation in Texas?

"Court-ordered mediation" happens when a judge orders you and your spouse to attend mediation before your case can move forward. Under Texas Family Code Section 6.602, courts have the power to order mediation in divorce cases. This means the judge can make you participate even if you do not want to.

Courts often order mediation when couples cannot agree on important issues. If you and your spouse are fighting about who gets the house, how to split retirement accounts, or how much time each parent gets with the children, a judge will probably send you to mediation.

When Does Court-Ordered Mediation Usually Happen?

Most Texas courts require mediation before allowing a divorce case to go to trial. This usually happens after both sides have shared financial information and other evidence, but before a trial date is set. Judges want to see that couples have tried to work things out before taking up court time.

Harris County has local rules that require mediation in all contested divorce cases. Other judges decide on a case-by-case basis. Your attorney can tell you what to expect based on the court handling your divorce.

If the court orders mediation, you must attend. Failing to show up can result in penalties, including having your case dismissed or the judge making decisions without your input.

What is Private Mediation?

"Private mediation" is when you and your spouse choose to hire a mediator on your own, without the court telling you to. You can arrange private mediation at any point during your divorce, even before beginning the paperwork with the court.

Private mediation gives you more control. You can pick your mediator, choose when and where to meet, and work at your own pace. Some couples choose this option because it feels less formal than court-ordered mediation and can be scheduled faster.

When Should I Consider Private Mediation?

You should think about private mediation if you and your spouse want to avoid court but need help reaching agreements. Private mediation works well when both people are willing to compromise and want to keep their divorce out of the courtroom.

Private mediation is also a good choice if you have privacy concerns. Court hearings are public, but mediation sessions are confidential. What you discuss in mediation cannot be used against you in court if you do not reach an agreement.

Starting mediation early can save you money on attorney fees and help you reach a settlement faster. If you and your spouse can communicate without too much conflict, private mediation can help you resolve your divorce in a few sessions instead of months of court hearings. Bear in mind that a mediator is not a lawyer. You should still have a lawyer who can connect you to other professionals if needed and walk you through the complex legal parts of divorce.

What Happens if Mediation Does Not Work?

If you attend mediation but cannot reach an agreement, your divorce case will continue through the court system. The judge will make the final decisions about your property, custody arrangements, and support obligations. Mediation does not guarantee a settlement, but it gives you the chance to have more control over the outcome.

Call a Harris County, TX Divorce Attorney Today

Whether you are facing court-ordered mediation or considering private mediation, having a lawyer on your side makes a difference. At The Cusic Law Firm, P.C., our Houston divorce attorneys help clients navigate mediation and protect their interests throughout the divorce process. Contact us at 713-650-1866 today for your free consultation on your case.