Trust the process. Find clarity. Reach resolution.

There is no requirement in Texas to negotiate or settle. Courts can compel parties to attend mediation under the ADR Act (Chapter 154 of the Texas Civil Practice and Remedies Code), but they cannot force a settlement.

Trial courts have the authority to penalize a party for failure to attend court-ordered mediation. See Decker v. Lindsay, 824 S.W.2d 247, 250 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding). However, a trial court cannot compel parties to negotiate in good faith at the mediation. In re Acceptance Ins. Co., 33 S.W.3d 443, 451-52(Tex. App.-Fort Worth 2000, orig. proceeding); Avary v. Bank of America, 72 S.W.3d 779, 797 (Tex. App.-Dallas2002, pet. denied). In other words, a court "can compel [the parties] to sit down with each other," but it "cannot force the disputants to peaceably resolve their differences." Decker, 824 S.W.2d at 250. The mediator, as an impartial third-party facilitator, is also not allowed to "compel the parties to mediate (negotiate) or coerce the parties to enter into a settlement agreement." Id. at 250-51; Tex. Civ. Prac. & Rem. Code Ann. § 154.053(a).

In re I.T., 10-25-00123-CV (Tex. App. Oct 02, 2025), 11

“[M]aintaining a rigid position at mediation does not demonstrate willful noncompliance with the court's Order for Mediation because the order did not - and could not - require good faith negotiation. See In re Acceptance Ins. Co., 33 S.W.3d at 451-52.

In re I.T., 10-25-00123-CV (Tex. App. Oct 02, 2025), 14

So, as much as I would like the parties to use the mediation to make movements, there are no requirements to do so.

Yes. Many disputes are resolved before litigation begins. Pre-suit mediation can be an effective way to evaluate risk early, reduce costs, and reach resolution without the time and expense of filing a lawsuit.

The parties are encouraged to send to me only a confidential and candid summary of your case prior to the start of mediation. Please write confidential on the document when sending.

Please include in the summary:

• Who will attend mediation. A person with full settlement authority must attend the mediation, in person, unless otherwise agreed to in advance by the parties;
• Summary of the case;
• Status of the case (discovery deadlines, hearings, trial date, etc.);
• Disputed issues of facts or law;
• History of any demands/settlement offers; and
• Copies of relevant pleadings and key documents.

Clear communication about priorities, authority, and key issues helps maximize the value of mediation. The more prepared the parties are, the more productive the session tends to be. Please try not to send new information the night before or the day of the mediation-as either an oops I forgot or a gotcha moment. It can affect the parties’ ability to negotiate and the preparation for the mediation.

I focus on preparation, clear communication, and keeping the process moving. In high-conflict matters, I work to narrow issues, manage dynamics, and create space for productive negotiation.

Most virtual mediations are in separate sessions to begin with. This is known as a caucus. There may be times a joint session is needed, but this is a case by case determination with the parties. If a party wishes to have a joint session to start, please advise me in advance of the mediation.

If and when a case may result in an impasse, we can discuss mediator’s proposals at the appropriate time. My proposals are voluntary and are requested and vetted with the parties and their counsel. I respect counsel’s role and the parties’ decision-making authority.

If a case does not settle, I remain available for continued dialogue as appropriate. Many cases resolve shortly after mediation once parties have had time to reassess positions. I am also available to re-mediate your case.

Even though I am based in Austin, I am a statewide mediator in Texas. I regularly conduct mediations across the state, dependent on the needs of the parties and counsel.