Brian has been a lawyer since 1992, and throughout that time he has always practiced family law, mostly in the Texas area in Harris and Montgomery Counties. He’s been operating out of Kingwood since he opened his doors in 1992. The State Bar has a College of the State Bar for lawyers who take much more continuing education seminars and courses than required, and after 10 consecutive years in the college, Brian was designated a Fellow of the College of the State Bar of Texas. After 25 years as a Fellow, he became a member of the Society of Legal Scholars. In the 30+ years he’s been practicing law, he’s handled countless family matters involving estates of all kinds of different sizes and every issue imaginable. Brian is an experienced and well-established attorney, and he has five stars on Google and Avvo.com, so he is a well-qualified attorney.
What is mediation in the context of divorce, and why is it gaining ground as an alternative to going to court?
Mediation is not necessarily an alternative to court. In Texas, where I practice, it’s required by most judges before you can have a contested hearing or a trial. So in most family law cases, before trial, the parties have to first try mediating. Mediation is where a neutral third party tries to help them reach an agreement. The typical format, when a case has already been filed, is that one party and their lawyer is in a room or Zoom breakout room, and the other party and their lawyer are in a different room or Zoom breakout room. The mediator, who is neutral, visits back and forth with each side trying to get an agreement. If an agreement is signed in a family law mediation in Texas, it’s binding — it’s irrevocable. That’s the benefit of taking a day off and spending the money to mediate — you get a binding mediated settlement agreement. One of the key benefits is the ability to maintain some sense of control over the outcome — unlike when you go to court.
Could you expand on that and how mediation is beneficial to a divorcing couple?
Oh absolutely. The way court is set up, we basically decide issues about children or ending a marriage in a forum that was set up for breach of contracts and car wrecks. We’re using the same rules of evidence and procedure that apply to civil cases, and it’s not, in my opinion, well suited to ending a marriage or deciding what’s best for a child. Judges or juries may not hear everything they ought to because of evidence rules. Witnesses are limited in what they can say. The decision-maker then takes that limited information and makes a decision — but there’s no way someone can understand a person’s life in that process. With mediation, the parties have an opportunity to have much more control over the outcome rather than leaving it to, in most cases, a judge. And in Texas, judges are lawyers who won an election — that’s it. You’re not necessarily getting someone highly qualified to decide what’s best for your life. Also, mediation saves a lot of money if it’s successful. It’s an expensive day, but it’s much cheaper than a trial.
Could you touch on how long the process typically takes?
Sure. In Texas, most courts won’t allow a trial until mediation is attempted. But most cases aren’t ready for mediation until several months in. Issues involving children can often be mediated earlier. But property division issues may take longer, because we need to gather information — sometimes issuing subpoenas to banks or retirement plans. Once ready, we schedule either a four-hour or eight-hour block of time. That can run over if progress is being made. During that time, everyone gives their undivided attention to resolving the issues. Also, sometimes mediation is required twice: once before a temporary orders hearing, and again before trial if no agreement is reached.
Can you act as the mediator if both parties are willing and don’t have lawyers?
Yes, I am a certified mediator. In that scenario, I don’t represent either party, but I can mediate to help them reach an agreement, even before a divorce is filed. That process can take several meetings — sometimes two, sometimes three or four — depending on how far apart people are and the complexity of the issues.
Is mediation only for wealthy individuals?
Not at all. Mediation is good for everybody. In fact, many counties in Texas have low-cost mediation options for low-income individuals. Disagreements about children have nothing to do with wealth. Mediation is very successful for resolving parenting issues.
And on the property side, the stakes can be even more critical for people of modest means. When a person’s only major assets are a home and retirement savings, that matters deeply. Mediation gives them a chance to protect what they have — and it’s often more affordable than trial.
Can you walk us through some of the strategies you use with clients to ensure the process goes smoothly?
Sure. One thing we always do is send a confidential letter and case packet to the mediator before mediation. It describes the client, the concerns, and outlines the case strengths — and sometimes weaknesses. We also include key documents.
Good mediators review this beforehand. It helps focus the process. We also discuss with the client what’s important and what outcomes they need. I avoid drawing hard lines in the sand, since family law cases have so many moving parts.
I also advise clients to prepare mentally: expect downtime, bring something light to do (but not work), get good sleep, have a good breakfast, and hydrate. Mediation is a mentally draining day.
Could you summarize the main benefits of mediation?
Sure. The most important one is control — you decide your outcome, not a judge. Next is cost — it’s far cheaper than trial. And third, especially with children involved, it avoids the trauma of a public court fight that can damage co-parenting relationships.
It’s important to prepare: long-term preparation of the case, and short-term preparation (rest, nutrition, time off work, etc.). We also provide a detailed spreadsheet of all assets and debts to use in real-time at mediation. We send information to the mediator in advance and communicate with them throughout.
Never assume it will or won’t settle. Let the process work. Stay until the mediator calls it. Some deals happen in the final hour.
What sets your law firm apart?
I’ve been practicing since 1992, and exclusively family law since around 2007. My earlier civil litigation experience gave me a strong understanding of courtroom procedures and evidence rules, which many family lawyers lack.
My office is very thorough. Every client has an assigned paralegal. We prepare carefully for every mediation and trial. We communicate regularly and support clients fully.
We’re proud of our five-star ratings on Google and Avvo. That’s very difficult in family law because someone always walks away with less than they had. We work hard to set realistic expectations and prepare clients well.
How much does mediation cost?
Mediator fees vary — from as low as $75 per person (in county programs) to as high as $1,800 per side with highly experienced mediators. Former judges often charge around $1,500 per side. Private mediators vary in rates. Then there’s the lawyer’s cost — which can be $300–$500 per hour. So a full-day mediation with two lawyers can cost $5,000+ in total, depending on hourly rates. Yes, it’s an expensive day, but it’s still cheaper than trial. And if you get a binding mediated settlement agreement, it’s a good day because you can move on with your life.
