Questions & Answers

Frequently Asked
Questions

Everything you need to know about mediation in Texas — organized by topic

Lynnette Nadeau, TMCA Credentialed Mediator — Common Ground Mediation Dallas Fort Worth Texas

Child Custody & Visitation

Yes. Parents who were never married, or who are separated but not yet divorced, can use mediation to establish or modify custody and visitation arrangements at any time.
Yes. If both parents agree to the modification and it meets Texas Family Code requirements, a mediated agreement can form the basis for modifying an existing court order.
Most custody mediations resolve in a single 4-hour session. Complex situations may require an additional session — still far faster than custody litigation, which averages 12 to 18 months in Texas.
Yes. A properly executed mediated settlement agreement under the Texas Family Code is binding and cannot be revoked. It must include a prominently displayed non-revocation statement signed by both parties.
Yes — and it is often the better option. Court battles increase conflict and stress for children. Mediation reduces adversarial dynamics and helps parents build a co-parenting relationship they can maintain going forward.
Mediation requires good-faith participation. If a session is unproductive, it can be paused or discontinued. I work to keep sessions focused and constructive, and I have experience managing high-conflict situations.

Child Support

Yes. Mediation is an excellent way to address a material change in circumstances — such as a job loss, increased income, or a change in the child's needs — without returning to court.
Yes, with court approval. Mediation allows parents to negotiate arrangements that differ from the standard guidelines if both agree and the arrangement serves the child's best interest.
A properly executed mediated settlement agreement in Texas is binding. Once incorporated into a court order, it is enforceable like any other court order.
This is exactly where mediation excels over the rigid court formula. We can craft an agreement that accounts for income variability in a way that works for both parents and protects the child.

Civil Mediation

Yes — and this is often the best time to mediate. Pre-litigation mediation is faster, cheaper, and less adversarial than waiting until after a lawsuit has been filed.
Yes. Mediation is voluntary. However, many attorneys and courts actively encourage mediation before trial, so both parties often come to the table once the benefits are understood.
Yes. A properly executed mediated settlement agreement is a binding contract under Texas law and can be enforced in court if necessary.
Mediation can occur at any stage of litigation. Many Texas courts encourage or require mediation before trial.

Divorce Mediation

Yes. In fact, mediation is especially valuable in contested divorces because it gives both parties a structured environment to work through disagreements without going to trial.
You are not required to have an attorney, but you are welcome to consult one. Many people choose to have an attorney review the final agreement before signing.
Yes. Mediation is voluntary. Both parties must be willing to participate in good faith for the process to work.
Most divorces resolve in one to three 4-hour sessions — dramatically faster than contested litigation, which averages 12 to 18 months in Texas.
A properly executed mediated settlement agreement in Texas is binding and cannot be revoked. It must meet specific Texas Family Code requirements, including a prominently displayed non-revocation statement signed by both parties.
Mediation is particularly effective even in highly contested situations. I meet with each party separately first to understand priorities before bringing everyone together, which helps reduce tension and identify common ground.

Elder Care Mediation

Yes, and in most cases we encourage it when they are willing and able. The mediation is ultimately about their life, and their voice deserves to be heard.
Written agreements from mediation can be drafted as legally binding contracts. I recommend consulting with an attorney if the agreement involves significant financial or legal decisions.
All sessions are conducted via Zoom, so family members can participate from anywhere without the cost or logistics of travel.
Mediation requires willing participation. However, a conversation with each party separately before any joint session often helps reluctant family members understand the benefits and agree to participate.

Estate & Inheritance Disputes

Yes. Some of the most painful estate disputes involve personal belongings with emotional rather than monetary value. Mediation is well-suited to these conversations because it addresses the underlying feelings, not just the dollar amounts.
Yes. Mediation can occur at any point in the process, including after probate has been filed. Courts often encourage or require mediation before proceeding to trial.
For an agreement to be binding on all parties, all affected beneficiaries should participate. I can facilitate multi-party mediations involving several family members.
You are welcome to have your attorney present or consult one before and after mediation. For complex estates, consulting an estate attorney before signing any final agreement is a reasonable precaution.

General Mediation Questions

In court, a judge makes the final decision. In mediation, you and the other party control the outcome. Mediation is also private, faster, and far less expensive than litigation.
The standard rate is $400 per person for a 4-hour mediation session, including pre-mediation preparation and a written settlement agreement upon resolution. Additional time is billed at $100 per hour per person. A sliding scale is available for those who qualify.
Yes. Mediation is confidential under Texas law. What is said in mediation cannot be used as evidence in court, and the mediator cannot be called as a witness.
Mediation is voluntary — no one is forced to agree to anything. If an agreement cannot be reached, you retain all your legal options including going to court. Nothing said in mediation can be used against you.
The TMCA (Texas Mediator Credentialing Association) credential is the first statewide, voluntary, multi-disciplinary credentialing program for mediators in the United States. It requires completion of required training hours, documented mediation experience, and adherence to ethical standards.
All sessions are conducted virtually via secure Zoom, which means you can participate from anywhere in Texas without travel, parking, or time away from work.