Can the mediator be subpoenaed or otherwise compelled to testify at trial?
The mediator is immune from testifying at a trial or hearing either by subpoena or court order. This encourages the parties to be more open and trust in the process if they know from the beginning that the proceeding is confidential. Unless the parties agree otherwise, everything said in mediation is confidential.
Choosing the Right Mediator and Family Law Attorney
Choosing the right mediator is as important as choosing the right family law attorney. Most family law attorneys will have experience working with different mediators. Your family lawyer will be able to give good advice in this regard. The mediator should have no other agenda than to see the divorce to a swift, satisfactory conclusion. Not all divorce mediators are equal in this regard. Divorce mediation is a highly specialized skill. Divorce mediators are dealing with people at a time when their emotions are highly strained and they may have to approach some difficult topics. If you are concerned about your choice of mediator, discuss it with your family attorney and they will help you to make an informed decision.
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Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville,
Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.
Can the mediator be subpoenaed or otherwise compelled to testify at trial?