Dallas County family courts and mediation: what the judge will expect before trial

Expect mediation to be on the calendar

Very likely, yes. Texas law lets a family court refer a divorce or custody case to mediation either by agreement of the parties or on the court's own motion, and at least some Dallas County family courts treat it as a standard step. The published policies of the 302nd Judicial District Court, one of the county's family district courts, for example, state that mediation is mandatory in all cases and that any request to waive it must be in writing, accompanied by an order and set for hearing. Each court publishes its own procedures, so your attorney should check the policies of the specific court your case is in.

I am John Polk, a family law attorney and mediator on Turtle Creek Boulevard. I have practiced family law in Dallas for more than 25 years and mediated for as long, so I have watched how local courts move cases toward settlement. This guide explains what the law allows, how local court policies tend to work, and how to use the requirement to your advantage rather than treating it as a box to check. It is general information, not legal advice.

What Texas law lets a family court do

The authority comes from the Texas Family Code. Section 6.602 says that, on the written agreement of the parties or on its own motion, a court may refer a divorce suit to mediation. Section 153.0071 gives the court the same power in suits affecting the parent-child relationship, which include custody, possession and child support cases. A judge does not need both sides to agree; the court can order it.

The same statutes explain why mediation is worth taking seriously once ordered. A mediated settlement agreement that prominently states it is not subject to revocation, and is signed by the parties and any attorneys present, is binding, and a party is entitled to judgment on it. A court-ordered mediation is therefore not a formality. It can end the case that day.

How local court policies put it into practice

Several Dallas County family district courts publish their own policies and procedures, which apply alongside the local rules for the county's family courts. The 302nd's published policies are a useful illustration of how a court can approach mediation. They state that mediation is mandatory in all cases, that the parties may agree on a qualified mediator and that the court may appoint one, and that the costs assessed for mediation are in the court's discretion. The same policies say a mediated settlement agreement must be in writing and meet the statutory requirements, and that if there is a trial setting, the agreement must be proved up at that setting or before trial.

Other courts may phrase their requirements differently, set different deadlines or handle waivers in their own way. That is why the first practical step is to read your own court's current policies, or ask your attorney what that judge expects. Do not rely on what a friend experienced in another courtroom, or another county.

Picking the mediator before the court does

When a court requires mediation, the parties usually have the chance to agree on a mediator themselves. Use it. A mediator both sides chose starts the day with more trust than one assigned to them, and the parties can pick someone whose experience fits the case: a mediator who knows family law well for a custody dispute, someone comfortable with business valuations for a divorce involving a company, someone experienced with high-conflict cases when the parties cannot be in the same room.

If the lawyers cannot agree, the court can appoint someone. That is not necessarily a bad outcome, but it takes the choice out of your hands. My guide on questions to ask a family mediator covers what to look for.

Courts that appoint mediators generally draw from their own lists. The 302nd's published policies, for instance, describe a list of people the court will appoint as mediators, ad litems and amicus attorneys, with applications accepted once a year. An appointed mediator from such a list will be qualified, but the parties will not have chosen someone for the particular shape of their case.

• Agree on the mediator early, before a deadline forces the issue
• Agree on the date, the format and whether it is a half or full day
• Agree on how the fee will be split, or know the court may decide
• Agree on when each side's confidential summary is due

When mediation can be waived or limited

Mandatory does not mean unconditional. Under the published policies of the 302nd, a request to waive mediation must be in writing, accompanied by an order and set for hearing, so a waiver is something the judge decides after hearing the reasons, not something the parties can simply skip.

Family violence is treated separately by statute. Under Sections 6.602 and 153.0071 of the Family Code, a party may file a written objection to mediation based on family violence, and once that objection is filed, the case cannot be referred to mediation unless a hearing is requested and the court finds the objection is not supported by a preponderance of the evidence. If mediation goes ahead, the court must order measures to protect the objecting party, including no face-to-face contact and separate rooms. If this applies to you, raise it with your attorney before any mediation order is signed.

If paying a private mediator is not realistic

A court requirement to mediate does not assume every family can afford it. Judges can refer qualifying cases to the Dallas County dispute resolution center for subsidized mediation. Under the county's published referral criteria, services are limited to county residents or litigants. In family district court, cases where any party represents themselves are eligible, as are cases involving conservatorship, possession or support of children; cases where every party has retained counsel are not eligible unless the court finds the parties cannot bear the cost of private mediation.

The same criteria say family cases are assigned to attorney mediators with significant family law experience or to mediators approved by the referring court, and that family mediators need their 24-hour family mediation certificate to qualify. If cost is a barrier, tell your attorney and the court early. My guide on what divorce mediation costs explains the other cost drivers, and mediating a Texas divorce without lawyers covers the risks for self-represented parties.

Choosing the right moment in the case

Your court may set a mediation deadline tied to the trial date, but you do not have to wait for it. The best time to mediate is when both sides have enough information to evaluate a deal. That usually means financial disclosures have been exchanged, the children's situation is understood, and each side has a realistic view of what a trial would produce. Mediating before that point risks an agreement made on guesses; waiting long after it wastes months of legal fees.

If your case has a trial setting, keep the prove-up requirement in mind: an agreement reached close to trial still has to be proved up, and your attorney will need time to prepare the decree. Leave room for that rather than mediating the week before trial and hoping the paperwork catches up.

Mediation is also not limited to the end of a case. Parties sometimes mediate temporary issues early, such as who stays in the house and what the children's schedule looks like while the case is pending, and then return for a final mediation once the information is complete. An early session that settles temporary orders can save the cost of a contested hearing and set a calmer tone for everything that follows.

Practical details for Dallas-area parties

Cases here often involve parties who live across the metro area or have moved farther away since the case began. Remote mediation solves much of that. I mediate in person at my office or over Zoom, and the format can be chosen to fit the parties, their lawyers and the level of conflict. Whichever format you choose, plan for a long day, have your documents organized and accessible, and make sure anyone who must approve a deal is available.

If the parties cannot be in the same building, say so in advance. Separate rooms, staggered arrival times and fully remote participation for one or both sides are all common arrangements.

Whatever the format, bring the documents that support your position in a form you can share quickly: current account statements, the inventory, the proposed parenting schedule, school calendars. On Zoom, have them on the same device you are using or ready to send to your attorney. A deal that stalls for an hour while someone looks for a statement can lose its momentum.

Getting the court-ordered session scheduled

When a court orders mediation, the attorneys typically contact the mediator, agree on a date and send confidential summaries ahead of time. Parties without lawyers can call a mediator directly. If you want to see how a session unfolds from start to finish, I walk through it in how mediation ends a stalled divorce or custody case.

The requirement to mediate is a chance, not a hurdle. A court-ordered session with the right mediator and real preparation is, in my experience, the most likely point at which a contested family case ends. Treat it that way, and arrive ready to sign.

Questions people ask me