Can You Mediate a Case If One Party Is Incarcerated? The Answer May Surprise You.
When people think about mediation, they often picture both parties sitting in the same room — or at least logging into the same Zoom call.
But what happens when one party is incarcerated?
Many assume mediation is no longer an option. In reality, mediation is often still possible — it simply requires more planning and coordination.
A Real Scenario
I was recently contacted by a woman who wanted to finalize her divorce. The challenge? Her spouse is currently incarcerated. She also has a protective order in place and cannot communicate with him directly.
At first glance, that situation may seem impossible to mediate.
But it isn’t.
Because mediation does not require the parties to communicate directly with each other. As a neutral third party, I can meet with each individual separately — via phone, video, or even structured email communication — to facilitate negotiations safely and professionally.
In some rare instances, mediators may even coordinate with a correctional facility to meet with an incarcerated party in person.
How Mediation Works When One Party Is in Jail
When one participant is incarcerated, mediation requires additional coordination:
The non-incarcerated party must provide:
The inmate’s full legal name
Inmate ID number
Name of the correctional facility
The mediator must then contact the facility to:
Confirm communication policies
Learn about call schedules or visitation rules
Identify approved methods for professional communication
Inform the facility that mediation services are being requested
Unlike traditional mediation, we cannot simply call or text an inmate at will. Correctional facilities have strict policies and scheduling requirements that must be followed carefully.
Preparation and patience are key.
Is It Always Possible?
Not always.
Mediation is voluntary. If the incarcerated individual declines to participate, the process cannot move forward.
Additionally, every state has different laws and correctional policies. Some states do not allow private third-party mediators to conduct mediation with inmates, or they may restrict the format.
Here in Texas, inmates may request mediation in certain family law matters, including divorce and custody cases. However, policies vary by facility, so it is critical to understand the specific rules before proceeding.
Why Mediation Can Still Be Valuable
Even when one party is incarcerated:
Divorce cases can move forward.
Custody arrangements can be addressed.
Property division can be negotiated.
Communication can remain structured and safe.
Protective orders can remain respected.
In many cases, mediation provides a more controlled, confidential, and less adversarial path than court — especially in already sensitive circumstances.
Final Thoughts
Incarceration does not automatically eliminate the possibility of mediation.
It does, however, require careful planning, clear boundaries, and knowledge of facility policies.
If you’re facing a situation where one party is incarcerated and you’re unsure what your options are, it may still be worth exploring mediation.
Every case is unique — and sometimes solutions exist where people least expect them
