Mediation in Texas

How a Texas court refers a case to mediation

Section 153.0071(c) lets a court refer a suit affecting the parent-child relationship to mediation. It can do this on the parties' written agreement, or on its own motion. Subsection (a) offers a separate option: the parties can agree in writing to arbitration instead. They must specify whether it will be binding or non-binding. If they choose binding arbitration, the court generally must enter an order matching the arbitrator's award. The exception: after a non-jury hearing, the court can find the award is not in the child's best interest.

The family violence objection to mediation

Section 153.0071(f) gives a party a specific tool to push back on a mediation referral. At any time before the final mediation order, a party can file a written objection to being referred to mediation. The objection must be based on family violence committed by the other party against the objecting party or the child. Once that objection is filed, the case cannot go to mediation. The only exception: a party requests a hearing, and the court finds a preponderance of the evidence does not support the objection.

Even if mediation goes forward despite the objection, the statute still protects the objecting party. It requires the court to order measures protecting that party's physical and emotional safety. The parties cannot be required to have face-to-face contact, and they must be placed in separate rooms during mediation. This subsection does not apply to certain suits filed under Chapter 262, which covers emergency removal of children in abuse and neglect cases.

What makes a mediated settlement agreement binding

Under Section 153.0071(d), a mediated settlement agreement is binding if it meets two conditions. It must prominently state, in bold, capital letters, or underlined text, that the agreement is not subject to revocation. It must also be signed by each party, and by each party's attorney if one was present at signing. If those requirements are met, subsection (e) entitles a party to judgment on the agreement. This overrides the usual Rule 11 procedure for enforcing settlement agreements under the Texas Rules of Civil Procedure.

When a court can still refuse to enter judgment

Section 153.0071(e-1) carves out narrow exceptions, even for an agreement that otherwise meets all the binding requirements. A court can refuse judgment in two situations. First, a party to the agreement was a victim of family violence, and that violence impaired the party's ability to make decisions. Second, the agreement would let someone with a registrable sex offense history, or a history of physical or sexual abuse, live in the same household as the child. Or it would let that person have unsupervised access to the child. In that second situation, the court must also find the agreement is not in the child's best interest.

Confidentiality and parenting coordination

Section 153.0071(g) extends the confidentiality protections for alternative dispute resolution under Texas Civil Practice and Remedies Code Chapter 154. Those protections cover parenting coordinators, the parties, and anyone else who takes part in parenting coordination, not just mediation itself. That confidentiality does not affect anyone's separate legal duty to report suspected child abuse or neglect. Parenting coordinators appointed under Texas law must also comply with the Ethical Guidelines for Mediators adopted by the Supreme Court of Texas. Failing to follow those guidelines is grounds for removal.