Are Texas mediation communications confidential?

Yes. Texas Civil Practice and Remedies Code §154.073 provides that all communications, negotiations, and settlement discussions in an ADR proceeding — including mediation — are confidential and not subject to disclosure. Communications made in an ADR proceeding are not admissible as evidence and may not be disclosed in any subsequent judicial or administrative proceeding. The confidentiality protection applies to the parties, the mediator, and any other participants. The statute provides limited exceptions: a written agreement to waive confidentiality; communications that are otherwise admissible or discoverable outside of mediation; communications that constitute a crime or are used to commit a crime; and communications in a mediator misconduct proceeding. Texas courts have interpreted §154.073 broadly, and the protection is considered one of the strongest in the country. Unlike California, Texas's confidentiality statute does not have an absolute privilege — it is subject to the exceptions noted above. Practitioners should execute a written mediation agreement that reinforces the statutory confidentiality and addresses any specific concerns about sensitive information.