Is Mediation Mandatory in Texas Civil Litigation?
Direct Answer
Texas does not have one statewide mandatory mediation rule, but courts have broad authority to order mediation, and many local courts require mediation before trial.
Texas courts have broad authority to refer cases to mediation under CPRC §154.021, which authorizes courts to submit a dispute to an ADR procedure at any time. While there is no single statewide mandatory mediation rule, most Texas district courts and county courts at law have local rules or standing orders requiring mediation before trial. For example, the Harris County District Courts (Houston) and Dallas County District Courts both have standing orders requiring mediation in most civil cases. In family law cases, Texas Family Code §153.0071 provides that a court may refer parties to mediation in a suit affecting the parent-child relationship (SAPCR). The Texas Family Code also provides for collaborative law as an alternative to mediation. In probate and guardianship cases, Texas Estates Code §1055.151 authorizes courts to refer disputes to mediation. The Texas ADR Procedures Act (CPRC §154.001 et seq.) provides the statutory framework for court-referred ADR, including confidentiality protections, mediator qualifications, and enforcement of agreements. A party who refuses to participate in court-ordered mediation in good faith may be sanctioned by the court.