Mediation Resources
A practical guide to how mediation works in Texas — what to expect, how to prepare, and how to maximize your results on the day.
What is Mediation in Texas?
Mediation is a flexible, non-binding process where a skilled impartial third party facilitates negotiations to help participants reach their own mutually acceptable solutions. Unlike a judge, a mediator does not impose decisions, obligations, or judgments on either side.
The mediator does not hear testimony or decide the outcome of the dispute. The mediator asks questions and reframes issues to help parties understand each other's perspectives — and may challenge your legal position or damages model to identify risks at trial.
Cases resolve only if all parties agree to the outcome. Since every party holds an "effective veto," you can participate without fear of being forced into a settlement.
Under Tex. Civ. Prac. & Rem. Code § 154.023, a mediator is specifically tasked with encouraging reconciliation and settlement, but may not impose their own judgment on the parties.
Confidentiality
Texas law emphasizes strict confidentiality to encourage frank discussions. Everything said in mediation stays in mediation.
Statements, documents, and electronic information generated during mediation are generally excluded from court files.
All participants — including the mediator and attorneys — are prohibited from disclosing discussions to the judge or outside parties without specific approval.
Under Tex. Civ. Prac. & Rem. Code § 154.073, any communication made by a participant in an ADR procedure is confidential and is not subject to disclosure or admissible as evidence.
Preparing Your Strategy
Effective preparation means shifting focus from "winning an argument" to "solving a problem." The parties who arrive prepared consistently achieve better outcomes.
Consider the disruption of further litigation. Ask yourself: What is the risk of losing? Could the case be appealed? Could the other party file for bankruptcy?
Look beyond the legal claims to your core values or commercial interests. The most durable agreements address what parties actually need, not just what they've asked for.
While you have limits, setting absolute boundaries in advance can prevent you from profiting from creative solutions that arise during the session.
Many local court rules — including those in Harris and Dallas County — require parties to participate in good faith and remain for the duration of the scheduled session.
On the Day
To get the most out of the process, keep these principles in mind.
Appropriate decision-makers with full authority to settle must be present and available to actively participate throughout the session.
Be willing to understand — though not necessarily agree with — the other side's concerns and legal arguments in their favor.
Evaluate your litigation costs and your likelihood of success realistically before the session begins, and re-evaluate as you learn more throughout the mediation process.
In court, judges can only award money. In mediation, other options are available. Be willing to consider non-monetary solutions that get you more of what you actually wanted or needed.
What would a fair resolution look like, and how would it feel to have the dispute finally over? What could you do with the time and money currently allocated to this litigation?
Be prepared for joint sessions (everyone together) or caucuses (private meetings with the mediator). Both formats serve different purposes in moving toward resolution.
Get the complete Understanding Mediation guide as a PDF — shareable with counsel, co-parties, or anyone preparing for the mediation process.
