Texas Online & Houston Onsite Mediation

MEDIATION OVERVIEW

Email this page to all mediation parties, attorneys and paralegals; then, review all sections below:


    1. Mediation Scheduling
    2. Mediation Payment
    3. Mediation Preparation
    4. Mediation Participation
    5. Mediation After-Action

MEDIATION SERVICES


Half-Day Mediation Sessions ($250/party)

Mediator Tom King offers statewide online and Houston onsite mediation of family, CPS, elder and civil mediation matters. These 4.0 hour sessions are weekdays at 9 am, 1 pm and 6 pm; and Saturdays at 9 am. The cost of $250 per party is due the day of booking (see below). You will receive a calendar invite and confirming email. Payment is due that day; however, only the mediator cancel a session. Sessions cancelled less than 7 days in advance are rescheduled within 30 days, but never refunded. Click here to book.


Drive-By MSA Sessions ($125/Party)

Mediator Tom King offers Drive-By MSA Sessions for when parties have a lawyer involved who can submit both the uncontested (but unsigned) final order and a MSA which matches the proposed final order. These 30 minute online sessions are are weekdays at 8 am or 5 pm. The cost of $125 per party is due the day of booking (see below). You will receive a calendar invite and confirming email. Payment is due that day; however, only the mediator cancel a session. Sessions cancelled less than 7 days in advance are rescheduled within 30 days, but never refunded. Click here to book. Be sure the drafting attorney includes a signature block for "Thomas A. King, Mediator" and include the following language in italics in your MSA:


1. The parties agree that the use of original digital signatures, collected by all signees, occurred contemporaneously during today's mediation session. Further, the parties agree that the use of such signatures shall not be used as a basis to invalidate this Mediated Settlement Agreement, its exhibits if such exist, the resulting order or any aspects regarding the validity of the settlement of this matter.

2. The parties agree that at no time did mediator Thomas A. King provide any legal advice to any of the participants and that if any of the parties appeared Pro Se (without representation), they were aware of their option to hire prepresentation to assist them, but instead chose to participate Pro Se. Additionally, the parties agree that mediator Thomas A. King can not participate in any related to this case after mediation.

3. Should arbitration of aspects of this mediation be necessary, the parties agree to use mediator Thomas A. King in an additional 30-minute mediation session for $125 per party.

MEDIATION PAYMENT

Payment by each party is due the day of booking via Zelle Quickpay, Venmo, Cash App or Google Pay. Half-Day mediations are $250 per party; and Drive-By MSAs are $125 per party. Include the following information with your payment:


Send To: Mediator Tom King, J.D.

Search: tom@tomking.com or 713-449-2000

Memo Field: Mediation {date & time}

Payment Method: Only 1 of the 4 below services


Payment Methods: Payment is accepted via Zelle Quickpay, Venmo,Cash App or Google Pay. Contact these vendors directly for instructions on how to use their service. This also means we do not take cash, checks, credit cards or debit cards.


Refund Policy: Sessions that rescheduled less than 3 days prior are rescheduled within 30 days, but never refunded. No exceptions.

MEDIATION PREPARATION

Both sides, with or without attorneys, must complete the below instructions prior to mediation. If you are an attorney, please also have your client review this page so mediation can be more efficient.


Cases Involving Children

  1. Exchange birth certificates for all children; confirm if you will be requesting changing their names or if paternity is an issue.
  2. Exchange the latest controlling orders including final decrees, child support payment orders or protective orders.
  3. Exchange your most recent (a) filed federal tax return; (b) end-of-year paycheck stub; and (c) most recent paycheck stub.
    • If you are self-employed and without paycheck stubs, provide the previous 6 months of statements for all financial accounts.
  4. Exchange proof of health insurance on the children and the cost to carry just them on your policy (which provider can email you).
  5. Exchange any proof of substance abuse or domestic violence regarding any of the children or adults in this case.
  6. Exchange your estimated child support payment calculations. See Child Support Calculator and Child Support Guidelines.
  7. Review Conservatorship, Visitation, Possession Orders, and Custody Schedules (Weekdays, Weekends, Holidays, Summers).


Cases Involving Property

  1. Exchange the ownership/loan documents for all property including homes, vehicles, boats and motorcycles.
  2. Exchange the statements for all financial, bank, investment, IRA, 401K and retirement accounts.
  3. Exchange the statements for all debts including credit cards, vehicle, student, home improvement and housing loans.
  4. Exchange a list of all personal property and indicate how you wish these to be divided.
  5. Exchange a list of all firearms with serial numbers indicating how you wish these to be divided.
  6. Exchange a list of all property you are claiming to be separate property.
  7. Advise the other party if you will be changing your married name back to your maiden name.


Drive-By MSA Sessions

Send to Mediator Tom King the following at least the day prior to your 30-minute online Drive-By MSA mediation session:

  1. Your unsigned, proposed final order (for divorce, SAPCR, modification, etc.) in Microsoft Word format.
  2. Your unsigned, proposed Mediated Settlement Agreement (MSA) in Microsoft Word format with the following:
    • The following text in bold and italics: "THE PARTIES AGREE THAT THE USE OF ORIGINAL DIGITAL SIGNATURES COLLECTED CONTEMPORANEOUSLY DURING MEDIATION : (A) SHALL BE LEGALLY BINDING FOR ALL PURPOSES REGARDING THIS AGREEMENT; (B) SHALL NOT BE A BASIS TO LEGALLY CHALLENGE THE VALIDITY OF THIS AGREEMENT, NOR OF ANY OTHER AGREEMENT WITHIN THIS SAME LAWSUIT THAT IS BASED ON OR RESULTING FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO ANY RULE 11 AGREEMENT, RULE 11 AGREEMENT & ORDER, TEMPORARY ORDER, FINAL ORDER OR FINAL DECREE OF DIVORCE; (C) THAT ANY LEGAL CHALLENGES BASED ON SAID LEGAL SIGNATURES WILL MAKE THE CHALLENGING PARTY LIABLE FOR ALL RESULTING LEGAL FEES RELATING TO THE DEFENDING OF SAID DIGITAL SIGNATURES."
    • A signature block for "Mediator Tom King, SBN 00784398, 713-449-2000, tom@tomking.com"


Cases Involving CPS

  1. Exchange any documentation that CPS or law enforcement has provided you.
  2. Exchange any proof of compliance which CPS required you to complete (i.e., drug testing, parenting classes, etc.).
  3. Exchange any proof of child, alcohol or substance above involving this case including drug test results.

MEDIATION PARTICIPATION

  1. Accept the calendar invite sent to you, as it contains the mediation details (including the Meeting ID and password).
  2. Have proof of your mediation payment ready to share on screen.
  3. Setup your device for Zoom online video conferencing:
  4. Join your mediation session 15 minutes prior to your scheduled session:
    • If using a PC, go to "Join a Meeting" on www.Zoom.us in your Chrome Browser; then enter the meeting credentials included in the calendar invite
    • If using a mobile device, go to "Join a Meeting" on the mobile app; then enter the meeting credentials included in the calendar invite
  5. Suggestions for a successful mediation:
    • Make sure the source of light is in front of you, not behind you (like an open window).
    • Make sure you are in a quiet area without distractions.
    • Make sure you are only with your attorney, spouse or client. No one else will participate.
  6. Each person will need access to their own email (via phone, tablet or PC) in order to electronically sign the Mediated Settlement Agreement (MSA), but you will not need your own Docusign account.

MEDIATION AFTER-ACTION

The party responsible for all post-mediation responsibilities will be the Petitioner -- unless the Respondent is the only party represented by an attorney, in which case the Respondent will handle these post-mediation responsibilities. These responsibilities include all efiling, drafting, proving up and collecting of signatures. However, Tom King efiles the MSA or Notice of Impasse at the end of mediation onscreen for all to see.