Mediation In divorce actions in Texas, mediation is a process in which divorcing spouses try to negotiate an acceptable divorce agreement with the help of a neutral third party: the mediator. The mediator is often a retired former judge who brings a wealth of experience to the table. Typically the spouses and their respective attorney remain in separate rooms in the mediation center and the mediator will travel back and forth between the rooms. The mediator helps the spouses negotiate, most often with success,  but doesn’t make any binding decisions for them.