Do I Have to Go to Mediation in Rockwall County, or Can I Just Go to Trial?

You will be ordered to mediate prior to trial. Every Rockwall County court orders mediation before a family case goes to trial. (Of course, many cases settle prior to and without mediation.) But if you don’t have an agreement, the court will order mediation.

That is not bad news. Most cases settle in mediation, and when your case doesn’t fully settle, you will learn much and be in a better position to try your case following mediation.

It is also important to know that failure to comply with the Court’s mediation order will bring negative results from the Judge, including possible sanctions, attorney’s fees, or just a general perception that you do not want to seek compromise and reasonable discussions with the other party.

Which cases does this apply to?

Divorce, custody, child support, modifications and enforcement — the family docket in the 382nd District Court, the 439th District Court, the 503rd District Court and County Court at Law No. 1. More on who sits in each court.

In person, not over video

Rockwall judges strongly prefer mediation in person rather than by Zoom. That is worth knowing early, because it changes your planning — a day off work, childcare, travel if you have moved out of the county.

While Collin County judges and lawyers have grown accustomed to virtual mediation, the Judges of Rockwall believe the in-person quality impacts the process and yields better outcomes. Failure to comply with this preference may lead the judge to order you to return to mediation following a virtual mediation that does not lead to settlement.

What actually happens that day

You and the other party are in separate rooms. The mediator moves between them. You are not required to see each other, and absent accidentally seeing one another in the parking lot or walking to the bathroom, you are likely not to see one another all day. The magic happens in the day being set aside by both parties — the down time to absorb and think through the negotiations, and to see what is important to each party.

The best outcomes are normally those that both parties can live with but neither loves. These agreements also tend to be the most stable, where neither party feels so aggrieved as to pledge vengeance.

Who the mediator is, and who pays

In most cases the attorneys agree on a mediator, and that is who it is. If they cannot agree, the court appoints one — and even then, if the attorneys later agree on someone else, they can replace the court’s choice. The judge wants the mediation to happen and is not attached to who runs it.

Fees for mediation are paid equally by each party, most typically for a full or half-day mediation as a flat fee.

What if we settle? What if we don’t?

If you reach agreement, it is written up and signed that day, and in Texas a properly drafted mediated settlement agreement is binding — more binding than most people expect. You do not get to sleep on it and change your mind. That cuts both ways, and it is the single most important thing to understand before you walk in. When we say binding, this is important: each party is entitled to entry of judgment upon the terms of the mediated settlement agreement (MSA).

If you do not settle, you have not wasted the day. Issues get narrowed, the real disputes get identified, and both sides learn a great deal that makes the trial shorter and better prepared. Even if you don’t settle the case, you learn a great deal at mediation that makes the trial better.

The county’s own documents

The courts publish the standing orders that apply from the day a case is filed, and their own rules:

Common questions

Do I have to go to mediation in Rockwall County?

Unless the case has already settled, yes. Every Rockwall County court orders mediation before a family case goes to trial, and failing to comply can bring sanctions or attorney’s fees.

Can we mediate over Zoom?

Rockwall judges strongly prefer in person. A judge may order you back to mediation in person if a virtual session does not settle.

Who pays for the mediator?

Each party pays an equal share, usually as a flat fee for a half day or a full day.

Is a mediated settlement agreement binding in Texas?

Yes, and more firmly than most people expect. Each party is entitled to entry of judgment on the terms of the agreement.

What happens if we don’t settle at mediation?

The case proceeds to trial, but with the issues narrowed and both sides considerably better prepared.

Looking for something else? Answers on Texas Divorce and Custody collects everything we have written — filing, custody, property, the court process, high-conflict cases — free to read and sorted by what you are trying to work out.