Texas Legal Glossary · Family Law

Mediation

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Mediation is a confidential settlement process in which a neutral mediator helps the parties to a Texas lawsuit, such as a divorce, custody case, or personal injury claim, negotiate their own agreement instead of having a judge or jury decide.

Also called: family mediation, settlement conference, ADR

What mediation means in Texas

Mediation is defined in Texas Civil Practice and Remedies Code § 154.023 as a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding. The mediator has no power to impose a result, and either side can walk out without penalty.

Under § 154.073, what is said in mediation is confidential. Offers and admissions made in the session cannot be repeated to the judge or used at trial. In family cases the Family Code adds its own layer: § 6.602 for divorce and § 153.0071 for custody suits let the court refer the parties to mediation and make a properly drafted agreement binding.

How it works in practice

In a Travis County divorce or custody case, mediation usually happens after temporary orders and discovery, and the courts generally expect it before setting a contested trial. Each spouse sits in a separate room with their lawyer. The mediator, often a retired judge or senior family lawyer, moves between rooms carrying proposals. If the case settles, the parties sign a mediated settlement agreement before anyone leaves, and it becomes the basis for the decree.

Personal injury mediation looks similar but the players differ. The injured person and their lawyer are in one room; the insurance adjuster and defense lawyer are in the other. The adjuster arrives with settlement authority, and the mediator tests each side’s view of liability, damages, and what a Travis County jury would do. A settlement ends in a release rather than a court order.

Why it matters in your case

Mediation is where most Texas divorces and injury claims actually end. It gives the parties control over the outcome, trades a public trial for a private settlement, and usually costs far less than trying the case. Preparation drives results. A side that arrives with a sworn inventory or a complete medical damages summary negotiates from strength. We prepare for mediation as if the case were going to trial, because the other side’s willingness to settle depends on believing we will.

Example

Rosa’s rear-end collision case on MoPac has a $100,000 policy limit and $38,000 in medical bills. The adjuster opens at $25,000; six hours later the case settles at $82,500. The same week, Hank and Jill spend a day with a family mediator and leave with a signed agreement on a possession schedule and the sale of their home.

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.