How Mediation Works in Texas

Fact-checked against primary sources October 3, 2026

A Texas mediator has no power to decide your dispute. The mediator's job, as the Legislature defines it, is to help the people on each side talk to each other so they can reach "reconciliation, settlement, or understanding," and the mediator "may not impose his own judgment on the issues for that of the parties." That definition sits in section 154.023 of the Civil Practice and Remedies Code, part of chapter 154, the state's main law on alternative dispute resolution. Everything else in a mediation follows from that limit: the parties write any deal, and nobody can force one on them.

This guide walks through chapter 154 in the order a case meets it: how a case gets sent to mediation, how a party can object, what the mediator does, who can serve, what stays confidential, and what happens to a signed agreement. Divorce and custody cases have extra rules, covered in the guide to mediating a divorce or custody case. For who pays and how much, see mediation costs and fees in North Texas.

How a case gets to mediation

A dispute can reach mediation by agreement of the parties or by a judge's referral of a pending lawsuit. Under section 154.021(a), a court "may, on its own motion or the motion of a party," refer a pending dispute to an alternative dispute resolution procedure. That includes a dispute resolution organization or an informal forum where an impartial third party helps citizens settle their disputes voluntarily. Before choosing, the court must confer with the parties in determining "the most appropriate" procedure (section 154.021(b)).

The word "court" reaches further than many people expect. Section 154.001(1) lists appellate courts, district courts, the business court, county courts, family law courts, probate courts, municipal courts and justice of the peace courts. In a justice court, Texas Rule of Civil Procedure 503.5 adds that the judge "may order any case to mediation or another appropriate and generally accepted alternative dispute resolution process." Small claims cases are covered in the guide to filing a small claims case.

One limit applies to contracts with arbitration clauses. Unless the parties agree, a court "may not order mediation in an action that is subject to the Federal Arbitration Act" (section 154.021(c)).

County programs follow the same two routes. Tarrant County's own Dispute Resolution department contacts the other side after a request comes in, if you have not already done so, and its request page says that if the other side agrees to mediate voluntarily, or the court has ordered everyone to mediation, the program will schedule the case.

Notice and the 10-day objection

A referral is not automatic once a judge thinks mediation would help. When a court decides a pending dispute is appropriate for referral, it must notify the parties (section 154.022(a)). Any party then has 10 days after receiving that notice to file a written objection (section 154.022(b)). If the court finds "a reasonable basis" for the objection, it may not refer the dispute (section 154.022(c)). The statute does not define what a reasonable basis is.

The mediation path

What the mediator does, and what the mediator cannot do

Once a court refers a case, it may appoint an impartial third party to run the process, and it may appoint a person both sides have agreed on if that person qualifies (section 154.051). The duties are set out in section 154.053:

The mediator "shall encourage and assist the parties in reaching a settlement" but "may not compel or coerce the parties to enter into a settlement agreement."
Unless the person who shared it says otherwise, the mediator may not pass along to one side information given in confidence by the other.
Unless the parties agree otherwise, everything that happens in the settlement process, including how the parties and their lawyers behaved, is confidential and "may never be disclosed to anyone, including the appointing court."

The second point lets a party tell the mediator something privately without it reaching the other side, unless that party authorizes sharing it. The Tarrant County program adds, in the rules for its own sessions, that neither the mediator nor the county will provide legal advice, and that the mediator can report to the referring court only whether the case settled or did not settle.

A volunteer mediator who does not act with wanton and wilful disregard of the rights, safety or property of another is immune from civil liability for acts within the scope of the role (section 154.055). A volunteer, for this purpose, is someone paid no more than reimbursement for expenses incurred or a stipend intended as reimbursement for expenses incurred.

Who can be appointed as a mediator

For a court appointment under chapter 154, the baseline is training. A person must have completed at least 40 classroom hours of training in dispute resolution techniques, in a course run by a dispute resolution system or organization the appointing court approves (section 154.052(a)). For disputes about the parent-child relationship, the mediator needs an additional 24 hours of training in family dynamics, child development and family law, with at least four hours on family violence dynamics (section 154.052(b)). A court may also appoint someone without that training if it bases the choice on the person's legal or other professional training or experience (section 154.052(c)).

Section 154.052 does not list a law license among the qualifications.

What stays confidential

The broadest protection is in section 154.073. A communication about the subject of the dispute, made by anyone taking part, "is confidential, is not subject to disclosure, and may not be used as evidence against the participant in any judicial or administrative proceeding." Records made at the mediation are confidential too, and neither the participants nor the mediator can be required to testify about the matter (section 154.073(b)).

The protection has edges, and the statute names them:

Evidence that exists anyway. A document or statement that would be admissible or discoverable on its own does not become protected just because someone used it at mediation (section 154.073(c)).
Government agreements. A final written agreement signed by a governmental body is handled under Chapter 552, Government Code (section 154.073(d)).
Conflicts with other disclosure laws. The question may be presented to the court, which decides in camera, meaning privately, whether a protective order is warranted or the material must be disclosed (section 154.073(e)).
Abuse and neglect. Duties to report abuse or neglect under Subchapter B, Chapter 261, Family Code, or abuse, exploitation or neglect under Human Resources Code chapter 48, still apply (sections 154.073(f) and 154.053(d)).

How a signed settlement becomes enforceable

If the parties settle and sign a written agreement that disposes of the dispute, section 154.071(a) says the agreement "is enforceable in the same manner as any other written contract." Two more rules follow:

The court may, in its discretion, write the agreement's terms into its final decree (section 154.071(b)).
An agreement does not change an existing court order unless its terms are written into a later decree (section 154.071(c)).

In plain terms, chapter 154 treats a signed mediated agreement as a contract. In divorce and custody cases the Family Code goes further: an agreement that carries a specific non-revocation statement and the required signatures entitles a party to judgment on it. Those requirements are explained in the family mediation guide.

Tarrant County's rules for its program describe three ways a session ends: the parties sign a mediated settlement agreement, the mediator declares further efforts are no longer worthwhile, or after one full session a party declares the mediation over and the parties do not agree to keep going.

Other procedures in the same chapter

Mediation is one of five procedures chapter 154 describes. The others work differently because a third party or panel gives an opinion:

Mini-trial (section 154.024): held by agreement. Each side presents its position, and an impartial third party may give an advisory opinion that binds no one unless the parties agree and sign a written settlement.
Moderated settlement conference (section 154.025): each side presents to a panel, which may give a nonbinding advisory opinion on liability, damages or both.
Summary jury trial (section 154.026): each side presents to a panel of six jurors unless the parties agree otherwise, and the panel's opinion is advisory only.
Nonbinding arbitration (section 154.027): an impartial third party gives a specific award, which binds the parties only if they stipulated in advance that it would.

Where to go from here

The guide to writing a demand letter in Texas covers the notice letters some statutes require before a lawsuit. All of the mediation, small claims and HOA guides are collected on the disputes hub, and the home page of DRS North Texas lists every topic the site covers.