Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In Texas, mediation is a widely recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Texas courts often encourage or mandate mediation, especially in civil cases, as a means to resolve disputes before proceeding to trial. Under the Texas Civil Practice and Remedies Code, mediation discussions are confidential and are typically protected from disclosure. This means that anything said during mediation cannot be used as evidence in court if the case goes to trial. The mediator does not have the authority to impose a decision on the parties; instead, the mediator facilitates negotiation with the goal of reaching a mutually acceptable agreement. If the parties cannot reach a settlement through mediation, they retain their right to have the dispute resolved by a judge or jury in a trial.
