TL;DR: In Texas, mediation is a facilitated negotiation where the parties (not the mediator) decide whether to settle and on what terms. Courts can refer pending cases to mediation, and parties can also mediate by agreement before filing suit. If you settle, document the key terms in a signed writing and confirm what additional court filings may be required.
Why Fort Worth Parties Choose Mediation
In many Texas civil disputes, mediation can be a practical alternative to litigation or a structured step before trial. Texas law defines mediation as a process in which an impartial third party facilitates communication and negotiation to help the parties reach a voluntary agreement (Texas Civil Practice & Remedies Code § 154.023).
Parties often choose mediation because it may:
- Increase control: the parties decide whether to settle and on what terms.
- Improve privacy: mediation communications are generally confidential under Texas law, subject to statutory exceptions (Texas Civil Practice & Remedies Code § 154.073).
- Reduce time and cost: many disputes resolve sooner than full litigation (results vary by case).
- Support workable relationships: mediation can reduce conflict in family, business, and neighbor disputes.
What Mediation Is (and What It Is Not)
Mediation is a structured settlement process. The mediator helps the parties communicate, understand risk, explore options, and test settlement proposals. The mediator does not issue a judgment.
Mediation is not:
- A trial.
- An arbitration (the mediator typically does not make a binding decision).
- A guarantee of settlement.
In Texas practice, mediation can occur before a lawsuit (by agreement) or during a pending case. Texas courts may refer a pending dispute to an alternative dispute resolution procedure, including mediation (Texas Civil Practice & Remedies Code § 154.021; § 154.022).
Common Fort Worth Disputes That Can Benefit from Mediation
Mediation is used in many types of civil disputes, including:
- Divorce, custody/visitation, child support, and property division
- Modifications and enforcement disputes
- Probate and trust disputes
- Business disputes (partners, shareholders, vendor/customer conflicts)
- Contract and payment disputes
- Real estate disputes (boundary, easement, seller-buyer issues)
- Employment disputes (subject to contract terms and legal requirements)
- Personal injury cases (often after key information is exchanged)
Some matters involve legal limits on what can be negotiated or may require court approval. In family cases, special rules can apply to mediated settlement agreements (Texas Family Code § 153.0071).
How a Typical Mediation Day Works
1) Pre-mediation preparation
- The mediator may request short summaries and key documents.
- The parties may exchange proposals or information in advance.
2) Opening session (sometimes)
- The mediator explains ground rules and confidentiality.
- Some mediations include opening statements; many move quickly to private sessions.
3) Private sessions (caucuses)
- Each side typically meets separately with the mediator.
- The mediator may carry proposals back and forth and reality-test options.
4) Negotiation and deal-building
- If progress is made, the mediator helps narrow issues and confirm deal terms.
5) Settlement documentation
If you settle, parties commonly sign a written agreement memorializing the key terms. Texas law provides that a written settlement agreement reached through ADR is enforceable like any other written contract (Texas Civil Practice & Remedies Code § 154.071). Depending on the case type, additional filings may be needed (for example, an agreed order or final decree).
Confidentiality: What You Can Expect (and Why It Matters)
Texas law generally treats mediation communications as confidential and typically not admissible in court, subject to statutory exceptions (Texas Civil Practice & Remedies Code § 154.073). Because confidentiality can depend on the statute, the mediator’s agreement, and case-specific circumstances, confirm what is and is not protected before sharing sensitive information.
Tip: Focus on decision-ready numbers and terms
Go into mediation with a settlement range, a realistic walk-away point, and at least two alternative deal structures (for example, a lump sum option and a payment-plan option) so you can respond quickly as negotiations move.
Preparing for Mediation: Checklist
- Define goals: identify your best outcome and acceptable range.
- Separate must-haves from tradeables: prioritize what matters most.
- Bring key documents: contracts, messages, financial records, photos, estimates, medical records/bills, appraisals (as relevant).
- Assess risk: compare likely outcomes, cost, time, and stress if the case continues.
- Plan your message: focus on problem-solving, not blame.
- Think in packages: trade multiple terms to reach a workable deal.
Keeping Control: Settlement Options Courts May Not Provide
Court remedies are limited by law. In mediation, parties can often propose customized terms within legal boundaries, such as:
- Payment plans and structured payouts
- Property or business-interest transfers with timelines
- Confidentiality or non-disparagement clauses (when appropriate and enforceable)
- Milestones, deliverables, and performance standards for ongoing relationships
- Communication boundaries and detailed parenting arrangements in family cases (subject to court oversight where required)
Practical point: A clear, signed writing reduces later disputes about what was agreed. In litigation, ask counsel whether the agreement should also comply with other enforceability rules (for example, agreements that must be in writing and filed with the court) (Texas Rule of Civil Procedure 11).
When Mediation May Not Be the Right Tool
Mediation is not ideal in every situation. Extra caution (or a different approach) may be needed when there are:
- Safety concerns, coercion, or severe power imbalances
- A need for immediate injunctive relief or emergency orders
- Critical missing information (for example, refusal to provide needed documents)
- A threshold legal issue that must be decided before meaningful settlement talks
Some of these situations can still be mediated with safeguards (separate rooms, remote attendance, counsel present, and structured protocols). A Texas attorney can help assess whether mediation is advisable and what protections to request.
FAQ
Is mediation required in Texas?
Sometimes. Parties can mediate voluntarily, and Texas courts may refer a pending case to mediation or other ADR procedures (CPRC § 154.021; § 154.022).
Does the mediator decide who is right?
No. In mediation, the mediator facilitates negotiation; the parties decide whether to settle and on what terms (CPRC § 154.023).
If we reach a deal, is it enforceable?
A written settlement agreement reached through ADR is enforceable like any other written contract (CPRC § 154.071). Depending on the case and posture, additional filings may be needed.
Is what I say in mediation confidential?
Texas law generally provides confidentiality for mediation communications, subject to statutory exceptions (CPRC § 154.073).
Next Steps
- List the issues to resolve and outcomes you want to avoid.
- Gather documents supporting your position.
- Identify whether you need a mediator with a specific background (family, business, construction, etc.).
- Talk with counsel about strategy and what must be documented the day of mediation.
Ready to talk? Contact us to discuss whether mediation may be a fit for your Texas dispute and how to prepare.
Disclaimer: This article is for general information only, not legal advice. It is not an offer to represent you and does not create an attorney-client relationship. Mediation confidentiality, enforceability, and required court filings can vary by facts, court orders, and the type of case (including in Tarrant County). Consult a qualified Texas attorney about your specific situation.
