Is Mediation Confidential in Texas? Here’s What You Need to Know

Ever wondered what actually stays behind closed doors during a legal dispute? If you are navigating a state case in Texas, you might be asking yourself: “Is mediation confidential?”

The short answer is a resounding yes! The Texas courts, all the way up to the Texas Supreme Court, have made it incredibly clear that everything happening during mediation remains completely confidential. But what does that look like in practice?

In this quick video, we break down exactly how these privacy protections work. You will learn why a party can never call a mediator to testify in court about settlement offers or statements made during the session. Plus, find out the only piece of information a mediator is actually allowed to share with the court if an impasse is reached.

Protecting your privacy is a crucial part of the legal process. Check out the full video above to get the essential facts you need to know! 

 

 

Video Transcript

The Texas courts, all the way up to the Texas Supreme Court, have made very clear that what happens during mediation in Texas state cases is confidential. So for instance, a party can never bring a mediator to come testify in court about a settlement offer that was made or something that was said or done in mediation. It is a confidential process. 

In fact, at the end of the mediation, if the case doesn’t resolve and the case is in court, the only thing that I as mediator will do as far as the court is concerned is I will send them a letter that says the parties did participate in mediation; unfortunately, an impasse was reached. And that’s all I say.