MediationJudges

04/26/2026

There’s an old courthouse truth:

The pie always gets smaller.

I’ve seen it happen more times than I can count - parties spending months fighting over who deserves the bigger slice…

…only to realize at the end there’s barely any pie left.

Legal fees. Experts. Two households. Delay.
Everyone’s working hard, but the pie keeps shrinking.

And by the time the fight is over?

Everyone agrees on one thing:

There used to be more pie.

I wrote a short piece using a simple “shrinking pie” analogy to explain what really happens in many contested divorces, and why timing matters more than most people think.

If you practice family law in Texas, this is a conversation worth having early and often.

Mediation doesn’t make the pie bigger.
It just stops it from getting smaller.

Take a look: 🔗

Once upon a time in the Kingdom of the Courthouse, a once happy couple found themselves quarreling over a fine golden pie that had long sustained them both. Unable to agree on how to slice it, they each summoned the wisest counselors in the land – learned lawyers, skilled in the ancient arts of ar...

04/01/2026

😳 RUMOR CHECK: The OAG Is Not Accepting Direct Payment Affidavits Anymore… (Or Are They?)

I heard something in mediation last week from a lawyer I trust that made me stop in my tracks: “The OAG isn’t accepting Affidavits of Direct Payment anymore.”

We both had the same reaction… What??? That can’t be right… can it?

Of course, my curiosity got the better of me… so I went down the rabbit hole. What I found was more nuanced (and perhaps more important) than the rumor.

✔️ The form still exists
✔️ The law still requires payment through the SDU
✔️ The Texas Supreme Court has weighed in on direct payments

This left me with a clear takeaway:
👉 Relying on direct payments can be a gamble.

This issue is coming up more and more in mediation, and if you don’t deal with it head-on, it can turn into a real problem later.
So I put together a short post breaking it all down… code sections, case law, and what’s actually happening in practice.

I would love to hear if you’ve heard the rumor in your practice!

A Rumor, a Reality Check, and What Texas Family Lawyers Actually Need to Know I heard something in mediation last week from a lawyer whose judgment I respect – and it stopped me in my tracks. She told me she had heard that the OAG is no longer accepting Affidavits of Direct Payment. We both […]

02/10/2026

📌 New Blog Post -- Co-Authored with Judge Walter Armatys

I’m Still Standing (For Now): Why Nonparent SAPCRs Can Collapse — Even After Mediation

Recent amendments to the Texas Family Code expanded who may file nonparent SAPCRs, while simultaneously imposing a new jurisdictional screening requirement that applies even to cases already pending.

We discuss two recent appellate opinions that confirm standing is jurisdictional, cannot be waived or conferred by agreement, and may be lost while a case is pending - sometimes surfacing only after mediation or trial.

For lawyers and mediators, standing is no longer a box to check at filing. It is a continuing jurisdictional requirement that can undo your entire case.

🔗 Read the full article:

By John Millard & Walter Armatys For years, many Texas family lawyers treated nonparent standing as a front-end issue. If standing survived the initial pleadings or an early hearing, it was assumed to be settled for the remainder of the case. However, recent changes to the Texas Family Code – and ...

12/06/2025

New Article: School Choice Showdown in Texas Custody Cases (H.B. 2495)

I’ve just published a new article breaking down one of the most significant recent changes in Texas custody law - How H.B. 2495 reshapes educational rights in conservatorship cases.

The new law now requires that you separately allocate:
• who makes educational decisions,
• who designates the school the child will attend, and
• who enrolls the child in that school.

My article walks you through the statute changes, why they're essential in mediation, and even provides sample language to keep your orders clean and compliant.

Check it out here ➡️ https://mediationjudges.com/school-choice-showdown-how-to-allocate-educational-rights-in-mediation-under-h-b-2495/

Please read, share, and reach out with any questions. Always happy to help colleagues navigate these updates.

If you’ve mediated or tried a custody case in the last few years, you already know that school-choice disputes have turned into one of the biggest sticking points in Texas family law. Parents aren’t just arguing about curriculum anymore. They’re battling over public vs. private, charters, magn...

08/02/2025

I’m pleased to announce my latest article, “New Rules for Reunification Therapy: Navigating HB 3783 in Texas Custody Cases,” now live on MediationJudges.com.

As of its recent enactment, House Bill 3783 imposes significant new requirements for court-ordered reunification therapy in Texas custody disputes. Key takeaways include:

-- Eligibility and licensing criteria for facilitators or providers
-- Detailed provisions governing forensic mental health professionals
-- Practical implications for attorneys, mediators, and parents managing high-conflict cases

Read the full article here → https://mediationjudges.com/new-rules-for-reunification-therapy-navigating-hb-3783-in-texas-custody-cases/

If you work in family law, mediation, custody dispute resolution—or know someone who does—please share this resource. I’m happy to connect to discuss or offer assistance navigating these changes.

In the high-stakes world of Texas family law custody disputes, few tools have been as frequently used—and often abused—as court-ordered counseling, particularly in the context of “reunification therapy”. But with the passage of House Bill 3783, effective June 20, 2025, that landscape has sh...

06/30/2025

🌟 New on the Blog! 🌟

What makes a great lawyer, judge or mediator? It’s not just knowing the law — it’s also about character, values, and building a solid foundation you can stand on.

Judge Armatys shares some insights on why digging deep matters for excellence in law, judging and mediation.

Thought-provoking and timely, this is a must-read for anyone who cares about upholding justice and delivering meaningful resolutions.

👉 Read it Here:

Building On Solid Ground I was reading The Tony Evans Bible Commentary on 2 Thessalonians by Dr. Tony Evans of the Oak Cliff Bible Fellowship in Dallas, Texas. As I read, I was struck by the nexus between having a proper Christian foundation and having a successful mediation. Heck, while we are at....

06/24/2025

NEW BLOG POST: Spousal Maintenance Gets Real — Why Mehta Is Your New Go-To Case

Texas family lawyers: If you haven’t read Mehta v. Mehta yet, now’s the time. The Texas Supreme Court just handed down a decision that clarifies and strengthens our understanding of spousal maintenance—and it’s going to show up in your next mediation.

I break it down in plain English, explain what it means for your clients, and share a handy spousal maintenance mediation checklist.

📚 Read it here:

The Texas Supreme Court’s June 2025 decision in Mehta v. Mehta (No. 23-0507) is a game-changer for family lawyers and mediators. It grounds spousal maintenance in real-world family realities, not just in spreadsheets. If you’re navigating support for a stay-at-home caregiver or challenging maint...

02/18/2025

🔔 Just Posted! 🔔
Ever wondered how to truly expose the key to resolving family law disputes? 👀 Well, I’ve just shared my most revealing blog post yet: Mediation in the N**e. 🫣
That’s right - no suits, no ties, no pretenses…just raw honesty (and maybe a little draftiness). 😅 Inspired by a wild idea from a friend, this thought experiment looks at how vulnerability and a lack of distractions (of the fabric kind) might just lead to faster, fairer resolutions.
Is it practical? Probably not.
Is it hilarious and maybe insightful? ABSOLUTELY. 🤷‍♂️
👉 Check it out here – no dress code required: https://www.mediationjudges.com/mediation-in-the-nude-stripping-down-the-barriers-to-resolution
I hope you will find it funny and revealing (in all the right ways), and that it will even spark some cheeky thoughts. 😏
Don’t hold back – drop your comments below! Whether serious or naughty (I’m bracing myself for the latter 😂), I welcome your comments.

Sometimes good, albeit unconventional, ideas emerge from the most unexpected places. Take, for example, a recent suggestion from a highly successful businessman I know – someone well-acquainted with litigation and certainly no stranger to mediation. Over cocktails one evening, completely out of th...

09/06/2024

🚀 New Article Alert! 🚀

Is "drive-by" mediation just a checkbox or a genuine tool for resolution? 🤔

Dive into my latest article, where I explore the ins and outs of drive-by mediation from the perspective of a former family court judge turned mediator. 🏛️✨

I break down:
🔹 What drive-by mediation really means 🚗
🔹 When it’s appropriate and when it’s not 🛣️
🔹 The benefits and pitfalls 🚙
🔹 How it stacks up against other methods 🏎️

This article aims to shed light on whether drive-by mediation is a valid resolution tool or merely a “check-the-box” formality.

📖 Read the full article here: https://www.mediationjudges.com/drive-by-mediation-just-a-checkbox-or-a-genuine-resolution-tool-perspectives-from-a-former-family-court-judge-turned-mediator

08/19/2024

🔍 New Blog Post: Mastering Mediation – Insights from a Former Family Law Judge 🏛️

Dear Colleagues,

I’m excited to share my latest blog article, which offers valuable tips for navigating family law mediation with greater ease and effectiveness. Drawing from my experience as both a former family law judge and a mediator, I’ve compiled key strategies that can enhance your mediation practice and improve outcomes for your clients.

Key Takeaways:
1. Preparation: The critical role of thorough preparation in successful mediations.
2. Supporting Claims with Evidence: The importance of solid documentation and timely information sharing.
3. Child-Related Issues: Best practices for addressing child support and conservatorship matters.
4. Excel Mastery: How to leverage spreadsheets effectively in property division.
5. Managing Attendees: Keeping mediation focused by limiting unnecessary participants.
6. Transparency: Fostering a smooth process through open communication.
7. Flexibility: Adapting your approach for better results.
8. Handling Mediation Fees: Ensuring professional management of fees.
9. Considering Future Costs: Preparing clients for potential outcomes beyond mediation.

Why Read This? With practical insights and actionable advice, this article is designed to help you refine your mediation approach, improve client interactions, and achieve more favorable results.

👉 Read the full article here: https://www.mediationjudges.com/mastering-mediation-tips-from-a-former-family-law-judge

I hope you find these insights beneficial. As always, I am here to support and collaborate with fellow professionals in the family law field. Let’s continue to advance our practices and deliver exceptional outcomes for our clients.

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Greetings, family law warriors! As a former family law judge and now full-time mediator, I’ve had the privilege of witnessing a wide range of mediation approaches – some that hit the mark beautifully and others that, while well-intentioned, could use a bit of fine-tuning. Through these experienc...

05/15/2024

"From Spy to Bye: Texas Family Code's Ban on Spousal Surveillance"

The enactment of HB 2715 has profound implications for family law practitioners and their clients. It necessitates a thorough understanding of the new provisions and their application in divorce and custody cases. For example, consider a scenario where a spouse hires a private investigator to gather...