Mediation Help for Rural Texans

Option 1: You can negotiate yourself with the other side. You can always contact the other side's attorney listed in the lawsuit papers. Or, if there is no attorney, you can contact the other side directly. Note that the other side does not have to respond to your efforts.

Option 2: You can go to mediation. A trained, neutral mediator will help you and the other side have a discussion. This often helps, but mediation does not require either party to ultimately agree to anything.

Most cases qualify for mediation. Mediation is very common in:

• Debt collection
• Eviction
• Contracts
• Family (including post-divorce)
• Truancy
• Even some criminal issues, depending on location

Yes. If you and the other side go to mediation and sign an agreement, a court can enforce it.

Maybe. You are allowed to hire an attorney to represent you in mediation. This can often be a good idea if it is an option.

The mediator is neutral. That means they will not represent you or the other side. The mediator is only there to help you have a productive conversation. Some mediators might help write an agreement if you and the other side agree on the terms.

Some courts will tell the parties to come back once they've tried mediation. For example, in Lubbock County, the Justice, District, and County Courts all require you to take part in mediation before you can get a trial in a civil case (including family cases).

Other courts will require mediation if you ask.

Ask the court clerk if you're in a court that requires mediation. Many counties have local Dispute Resolution Offices that can help you find a mediator or conduct mediation for you.

If you are in a rural county, you can apply for online mediation through the Texas Dispute Resolution System.

You can file a Motion to Compel Mediation. A "motion" is how you ask the court for something in your case.

We do not have a specific form for this motion, but you can use the generic blank motion.

Title the generic motion as "Motion to Compel Mediation." In the motion, just write that you would like the court to require mediation in your case. Once you file it, send a copy to the other side's attorney. (Or to the other side directly if they do not have an attorney.)

It depends. If you are in a rural county, the Texas Dispute Resolution System does not charge to mediate Justice Court (small claims) cases. In other cases, however, there may be a fee. Mediation in County and District Courts, for example, charges by the hour.

If you are low income, you can use a Statement of Inability to Pay Court Costs form to ask to waive the mediation fee under Texas Supreme Court Rule 145. You can find this form on TexasLawHelp or get it from the mediator.

Yes. An Answer is how you tell the court that you want to take part in your case. If you do not file an Answer in your case, you will probably lose. The other side does not have to mediate if you do not file an Answer.

TexasLawHelp has Answer forms for many types of cases:

• Debt Collection
• Divorce
• Eviction
• Modification of Existing Custody, Visitation, and Support order
• Suit Affecting Parent Child Relationship (initial custody, visitation, and child support cases)
• General Civil Answer (non-family)

You can best prepare for mediation by gathering your case materials and knowing your rights.

For debt mediation, see information on:

• Mediation in general
• Debt Collection Rights Toolkit
• Types of property and income creditors cannot take
• Turnover Receiverships
• What Happens if a Creditor Wins a Debt Lawsuit

A county is rural if it has below a certain population. Texas has 177 rural counties.

Download this map or see this list of rural Texas counties.

The Texas Dispute Resolution System provides online mediation services to all rural Texas counties.

Lubbock County gives veterans a 50% discount on all mediation fees regardless of income.

Ask the court clerk if there are any special programs for veterans in your county.