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Sec. 154.073. CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS. (a) Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute made by a participant in an alternative dispute resolution procedure, whether before or after the institution of formal judicial proceedings, is confidential, is not subject to disclosure, and may not be used as evidence against the participant in any judicial or administrative proceeding.

(b) Any record made at an alternative dispute resolution procedure is confidential, and the participants or the third party facilitating the procedure may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.

(c) An oral communication or written material used in or made a part of an alternative dispute resolution procedure is admissible or discoverable if it is admissible or discoverable independent of the procedure.

(d) A final written agreement to which a governmental body, as defined by Section 552.003, Government Code, is a signatory that is reached as a result of a dispute resolution procedure conducted under this chapter is subject to or excepted from required disclosure in accordance with Chapter 552, Government Code.

(e) If this section conflicts with other legal requirements for disclosure of communications, records, or materials, the issue of confidentiality may be presented to the court having jurisdiction of the proceedings to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the court or whether the communications or materials are subject to disclosure.

(f) This section does not affect the duty to report abuse or neglect under Subchapter B, Chapter 261, Family Code, and abuse, exploitation, or neglect under Subchapter C, Chapter 48, Human Resources Code.

(g) This section applies to a victim-offender mediation by the Texas Department of Criminal Justice as described in Article 56A.602, Code of Criminal Procedure.

The pArties. A mediator may not impose his own judgment on the issues for that of the parties.

A court may, on its own motion or the motion of a party, refer a pending dispute for resolution by an alternative dispute resolution procedure

It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of issues involving conservatorship, possession, and support of children, and the early settlement of pending litigation through voluntary settlement procedures.

Typically, the cost of Mediation is shared equally between the parties involved, but this can be adjusted based on mutual agreement.

If the parties stipulate in advance, the award is binding and is enforceable in the same manner as any contract obligation. If the parties do not stipulate in advance that the award is binding, the award is not binding and serves only as a basis for the parties' further settlement negotiations.

If Mediation doesn’t lead to an agreement, then the dispute continues along whatever path it was on, typically litigation.

In Mediation, the mediator helps the parties reach a settlement, but the mediator does not make a decision. In arbitration, the arbitrator makes a binding decision after hearing both sides. Meanwhile, litigation involves court proceedings and a judge or jury will decide the outcome.

Having an lawyer at Mediation is not mandatory, although many parties choose to have their legal representation present to provide legal advice and to review any agreements.

Mediation sessions can range from a few hours to multiple sessions over several days, depending on the complexity of the dispute.

Mediation can help resolve nearly any dispute including family, business, workplace, personal injury, community, and real estate, among others.

Mediation is a voluntary process in which a neutral third-party assists participants in an attempt to reach a mutually acceptable resolution to a dispute. Texas Civil Practice and Remedies Code 154.023 states: Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.

Mediation is a non-binding and collaborative process where the parties themselves make decisions, while arbitration is a more formal process where a neutral arbitrator makes a decision that is usually binding.

There are many advantages to Mediation including cost-effectiveness, confidentiality, quicker resolutions, and the opportunity for parties to have more control over the outcome of the dispute.

If a mediated settlement agreement is reached for a dispute in litigation, then that agreement becomes a legally enforceable contract. Texas Civil Practices and Remedies Code 154.071 provides: If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract.