Is a Texas Mediated Settlement Agreement Binding and Enforceable?

Yes, and Texas law makes mediated settlement agreements particularly difficult to repudiate. Under Texas Civil Practice and Remedies Code §154.071, a written agreement reached in an ADR proceeding is binding on the parties and is enforceable as a contract. In civil cases, the agreement can be enforced by a motion to enter judgment or a breach of contract action. In family law cases, Texas Family Code §6.602 provides that an MSA in a divorce is binding and irrevocable if it: (1) provides in a prominently displayed statement that it is not subject to revocation; (2) is signed by each party; and (3) is signed by the party's attorney, if any, who is present at the time of signing. Once these requirements are met, the court must enter judgment on the MSA — the court has no discretion to refuse. The only exception is if the MSA was procured by fraud, duress, coercion, or other dishonest means, or if the MSA is contrary to law. This is a significantly higher bar than most states, making Texas MSAs among the most binding in the country. For child-related provisions, the court retains authority to modify the agreement if circumstances change and modification is in the best interest of the child.