A court-ordered mediation:

  •   may be requested by any party to the suit;

  •   is prearranged, structured, and formal;

  •   is facilitated by a neutral party, referred to as a mediator; and

  •   may occur at any time during a conservatorship case, though it occurs more frequently in anticipation of a final order.

An agreement reached during formal mediation is referred to as a mediated settlement agreement (MSA). It is binding on the parties and may be entered as an order by the court.

Due to the confidential nature of a court-ordered mediation, information learned during the mediation must not be introduced in court as evidence at any subsequent hearing. If new allegations of abuse or neglect are disclosed during the mediation, the new allegations must be reported as required by the Texas Family Code Chapter 261 Subchapter BExternal Link.