Mediated Settlement Agreement (MSA)
Definition: A mediated settlement agreement is a written settlement signed at mediation in a Texas divorce or custody case that, if it meets the formalities of Family Code § 6.602 or § 153.0071, is binding and irrevocable and entitles either party to judgment on its terms.
Also called: MSA
What a mediated settlement agreement means in Texas
A mediated settlement agreement, or MSA, is the written deal the parties sign at the end of a successful mediation in a divorce or suit affecting the parent-child relationship. Ordinary settlement agreements can be revoked before judgment. An MSA cannot. Texas Family Code § 6.602 (divorce) and § 153.0071 (children) make an MSA binding and irrevocable the moment it is signed, if it meets three requirements.
The agreement must contain a prominently displayed statement, in boldfaced type, capital letters, or underlined, that it is not subject to revocation. It must be signed by each party. And it must be signed by each party’s attorney, if any, who is present when the agreement is signed.
How it works in practice
The lawyers type the terms during the last hours of the session, often on a template with the revocation warning already in bold capitals. Everyone signs before leaving. One lawyer then drafts the final decree from the MSA, and the other reviews it. If they disagree about what the MSA means, the judge interprets it.
Under § 153.0071(e), a party is entitled to judgment on a compliant MSA notwithstanding any other rule of law. The court cannot refuse to sign because it would have divided the property differently or because one party changed their mind. The exception is narrow. Under § 153.0071(e-1), a court may decline to enter judgment on a custody MSA if a party was a victim of family violence that impaired their decision-making, or the agreement would place the child with a dangerous person, and the agreement is not in the child’s best interest.
Why it matters in your case
The Texas Supreme Court has enforced MSAs strictly. In In re Lee, 411 S.W.3d 445 (Tex. 2013), the court held that a trial judge could not refuse to enter judgment on a custody MSA based on the judge’s own best-interest finding. Signing an MSA at 7 p.m. after ten hours of mediation is signing the outcome of your case. We make sure clients understand each term before they sign, because there is no next-morning reconsideration.
Frequently asked questions
Can you back out of a mediated settlement agreement in Texas?
Not if it meets the requirements of Texas Family Code § 6.602 or § 153.0071. A compliant MSA is binding and irrevocable when signed, and either party is entitled to judgment on it. Challenges are limited to defects such as fraud or a missing statutory formality, or the narrow family violence exception for custody terms.
What happens if the decree does not match the MSA?
The MSA controls. A decree that adds, omits, or changes a material term is subject to challenge, and the Texas Supreme Court in Milner v. Milner held that a court cannot enter a judgment that varies from the MSA. The fix is a corrected decree, by agreement or by motion.
Does a mediated settlement agreement have to be approved by the judge?
The judge must sign a decree to make the terms a court order, but has very little discretion to refuse. For property terms the court enters judgment on the MSA. For custody terms, the court may decline only under the family violence and child safety exception in § 153.0071(e-1).
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Citation
"Mediated Settlement Agreement (MSA)." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/mediated-settlement-agreement/. Updated October 2026.Link HTML
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This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.