A lot of people walk into mediation treating it like a practice round. Something to try before the real case starts. Then they sign an agreement at the end of a long day, sleep on it, and want to change one thing on Monday. In Texas, that often isn’t possible.
A properly signed mediated settlement agreement can be binding the moment the last signature goes on the page. Here’s what makes it final, what it doesn’t do, and how I suggest people prepare.
What mediation is, and isn’t
Mediation is a structured negotiation led by a neutral third party, the mediator. The mediator doesn’t decide anything and doesn’t represent either spouse. Their job is to help both sides reach an agreement they can sign.
A Texas court can send a divorce to mediation on the parties’ written agreement or on its own motion, under Texas Family Code section 6.602. Section 153.0071 gives courts the same authority in custody cases. In practice, spouses and their attorneys often sit in separate rooms while the mediator carries offers back and forth. It’s usually a full day.
If mediation is on your calendar, our family law mediation services page explains how we work with clients through it.
The three requirements that make it binding
The agreement you sign at the end of mediation is called a mediated settlement agreement, often shortened to MSA. Under Texas Family Code section 6.602 for divorces, and section 153.0071 for cases involving children, an MSA is binding on the parties if it meets three requirements:
- It includes a prominently displayed statement, in bold type, capital letters, or underlined, that the agreement is not subject to revocation.
- It is signed by each party.
- It is signed by each party’s attorney, if the attorney is present when it’s signed.
When those requirements are met, the law says a party is entitled to judgment on the agreement notwithstanding Rule 11 of the Texas Rules of Civil Procedure or another rule of law. In plain English, the court generally enters a final order that matches the MSA, even if one spouse has second thoughts. “Not subject to revocation” means exactly what it sounds like. You can’t take it back.
What an MSA does not do
This is the part people most often misunderstand.
- It isn’t the final decree. The decree is a separate document, drafted afterward to reflect the MSA. The divorce isn’t final until a judge signs it, and Texas won’t grant a divorce before the 60-day waiting period after filing has run.
- It doesn’t cover what it leaves out. Anything the agreement doesn’t address still has to be resolved, by agreement or by the court. That’s why the details matter before you sign.
- Changing your mind isn’t a way out. Regret about a term, or a feeling that you could have done better, doesn’t undo a binding MSA.
The narrow exceptions in cases with children
Texas Family Code section 153.0071 gives courts a limited ability to decline to enter judgment on an MSA in a custody case. The court must find that the agreement isn’t in the child’s best interest, and also one of these:
- A party to the agreement was a victim of family violence, and that impaired the party’s ability to make decisions.
- The agreement would let a person who is required to register as a sex offender, or who has a history or pattern of physical or sexual abuse, live in the same household as the child or otherwise have unsupervised access to the child.
Family violence also affects whether mediation happens at all. Under sections 6.602 and 153.0071, a party can file a written objection to mediation on the basis of family violence committed by the other party. After an objection, the case can’t be sent to mediation unless the court holds a hearing and finds the objection isn’t supported. If mediation does go forward, the court must order safety measures, including no required face-to-face contact and separate rooms. If you’re in immediate danger, call 911 first.
How to prepare for mediation day
- Know your numbers. Recent bank and retirement account statements, your mortgage balance, and a realistic monthly budget. It’s hard to evaluate an offer on the house if you don’t know what’s owed on it.
- Know your priorities. Decide ahead of time which two or three things matter most to you, and where you have room to give.
- Plan for a long day. Eat breakfast, bring a charger, and clear your evening. The hardest decisions tend to show up late in the afternoon, when everyone is tired.
- Read every line before you sign. Ask what each term means and how it would work in your actual week. You can take your time before you sign. After you sign, that time is usually gone.
If your mediation is coming up and you don’t feel ready, that’s a good reason to call, not a reason to wait. We work with clients across Collin, Dallas, and Denton counties from our office in Frisco.
Let’s make sure you know what you’re signing before you sign it.