Scheduling mediation
DCAP does not hold or reserve dates. In order to schedule or guarantee the date of your mediation, we require, at a minimum of ten days in advance:
- A file-marked DCAP Order of Referral signed by all parties and the presiding judge;
- Complete and correct exhibit A forms from each party; and
- Written agreement regarding the date of mediation from all parties.
We will not schedule a mediation on our calendar until all paperwork is complete. We will not schedule a mediation sooner than ten days from the receipt of the above items.
Completed exhibit A forms are required for ALL family law (divorce and modification) mediations levels 1-3. Exhibits are not required for level 4 cases, or for civil, personal injury, or probate cases.
Scheduling guidelines
We do not schedule half-day mediations. All mediations are scheduled 9am-5pm.
Level 1 and 2 mediations are not guaranteed the assigned mediator. DCAP is a non-profit and our mediators are volunteering their time. DCAP does its best to keep you informed of any changes to your assigned mediator.
Mediators for level 3 and level 4 cases shall be selected from mediators who have signed up for four level 1 and level 2 mediations in the current DCAP fiscal year.
Mediation format
DCAP is holding mediations both in-person and via Zoom. The parties may request whichever format they prefer. In absence of agreement between the parties or of any format request, DCAP’s default is in-person.
Hybrid format mediations may be conducted at the mediator’s discretion.
Levels
For family law cases, each party’s fee level (1-4) is based on their net assets, not income and/or expenses. The Exhibit A form is used to determine your fee level. If your Exhibit A reflects a higher level than indicated in the Order of Referral, DCAP will (per page 2 of the Order) asses your fees at the higher level.
Civil, probate, and personal injury levels are based on the amount in controversy in the case.
Modification/SAPCR cases: Exhibit A forms are required from the parties in a modification case, as the information is used to determine your fee level.
Split levels: in a custody modification or SAPCR mediation, the parties may have different levels, as they have separate assets and debts. In a divorce mediation, the parties may have different levels if there are separate property/debts that predate the marriage.
Exhibit A forms: common questions and issues
Blanks or N/A: DCAP will only accept exhibits with “$0,” “none,” or a dollar amount listed in each section.
Real property net value: if you own a house with a mortgage balance, please ensure that the value listed here is the net value (FMV minus balance). Listing the full estimated value may cause you to be set at a higher fee level and charged higher mediation fees.
Expenses: do not list monthly expenses (e.g., rent, insurance premiums, car payments, etc).
Insurance and annuities: list any policy pay-outs you have received, not your own life insurance policy (this does not represent a cash asset).
DCAP Cancellation and Rescheduling policy:
Once a mediation date has been set, DCAP will only reschedule or cancel a mediation if the rescheduling/cancellation request has been received by and agreed to by all parties. If all parties are not notified or do not agree to cancel for any reason, mediation will not be rescheduled/cancelled at that time.
If rescheduling/cancellation is confirmed with all parties more than 10 days before the mediation date, any paid mediation fees will be refunded. In the event of rescheduling, paid fees can be applied to the new mediation date if preferred.
If rescheduling/cancellation is confirmed 10 or fewer days before the mediation date, a $300 cancellation fee will be assessed. All received payments will be applied to the cancellation fee. If no payments have been made at the time of rescheduling/cancellation, the $300 cancellation fee ($150 per party) is due immediately. The mediation will not be rescheduled until the cancellation fee is paid in full.
DCAP does not establish fault of cancellation. All parties will be charged regardless of the reason for cancellation. The parties may elect to work out reimbursement amongst themselves.
There is no three-day extension to these deadlines for mail or fax notification.
Payments
Payments accepted:
Online payments (level 2 only)
Cash
Attorney’s office check
Money order
Cashier’s check
Level 3 and 4 fees can only be paid via cash, attorney’s office check, money order, or cashier’s check.
We do not accept personal checks.
If the full mediation fee has not been received by DCAP by the tenth day prior to your mediation, the mediation will be cancelled and a $300 cancellation fee assessed. All other cancellation policies apply in the event of cancellation for non-payment (see above).
Preparing for mediation
Preparing the mediator
All live pleadings, inventories, temporary orders, and any other document relating to this case must be sent to the mediator at least three business days in advance of the mediation date.
Protective orders
Mediations where a protective order has been granted until Title IV of the Texas Family Code may either be held via Zoom or at the Denton County Courthouse. Parties shall inform DCAP of the Protective Order when submitting their Order of Referral to DCAP so that scheduling with the Courthouse can be arranged in a timely manner.
Children and childcare
We do not allow children in our facility under any circumstances. This applies to children of attorneys and parties. In case of an illness or emergency, please reach out to DCAP and opposing counsel to coordinate rescheduling.
If your mediation is via Zoom, please ensure that you have childcare available for the full day of mediation.
Day of mediation
Please arrive on time: 9am for mediator, petitioner, and petitioner’s attorney; 9:30am for respondent and respondent’s attorney. If you are not on time, the mediator may choose to end mediation and DCAP will report to the court that we were unable to mediate as ordered.
The mediator will dismiss you at the end of mediation. Extra fees apply for mediations that continue past 5pm (see below)
Printing Policy
There is a $0.25 charge per page printed by DCAP. This applies to copies, print-outs, and draft MSAs. A final copy of the signed MSA will be provided to each party at the conclusion of mediation.
5PM Policy
The DCAP office closes at 5pm. If your mediation has not been resolved at that time, you may choose how to proceed from the following options:
- An impasse is called by the mediator and reported to the curt by DCAP. You may go to trial or settle outside of court.
- You can continue mediation until 6pm. If you elect to do so, and all parties and the mediator are able to continue, you will be charged the mediator’s then-hourly rate and a $100 administrative fee. Each party will pay one half of this fee by cash, attorney’s office check, or electronic invoice.
- You may reschedule through DCAP at a later date. You are not guaranteed the same mediator as your original mediation date. The same fee paid for your original mediation will be due for the reschedule date, subject to the same payment deadlines and policies.
- You may reschedule with the mediator at their convenience and at their then-hourly rate. Your DCAP mediation will be reported to the court as an impasse.
Under no circumstances will a mediation be allowed to continue past 6pm. All participants must leave the office at 6pm and the doors will be locked at that time.