Once we have completed the discovery process, we start working on settlement. We might send a letter to the other side suggesting terms of settlement and negotiate the case through a series of letters and conversations, or we might have an informal settlement conference. Prior to trial, most courts require us to go to mediation.
Mediation is a settlement process that involves a neutral third-party to help with the negotiations. The spouses and their attorneys meet with the mediator, who acts as a go-between and tries to help the parties reach an agreement. There are two styles of mediation, caucused and conference style. In conference style, everyone is in one room and the parties can talk directly to each other. In caucused mediation (which is usually the way mediation is conducted in Fort Bend County, the parties are in different rooms and the mediator talks to the parties separately, carrying offers and counter-offers back and forth. If the parties reach an agreement, it is drawn up in a Mediated Settlement Agreement, which is binding on the parties, and which the court must honor.