Texas law protects many communications made in family mediation, but confidentiality is not unlimited. Existing evidence does not become undiscoverable simply because it is used in mediation, and certain disclosure or reporting requirements can still apply.
Understanding those limits helps participants prepare. It also prevents a common mistake: treating privacy during settlement discussions as a promise that every document, signed agreement or later court filing will remain secret.
The Alchemy Attorneys, PLLC offers virtual family mediation. Victoria Broussard acts as a neutral mediator in those sessions. A participant’s own lawyer advises that participant about legal rights and proposed terms.
What Texas mediation confidentiality generally protects
Texas Civil Practice and Remedies Code Section 154.073 generally protects communications and records made in an alternative dispute resolution procedure from disclosure and use in later proceedings, subject to the statute’s provisions.
The protection supports settlement discussions. It should not be summarized as a rule that nothing connected with mediation can ever be disclosed. Ask how the mediation agreement and applicable law address the information you are concerned about.
For example, there is a difference between a settlement proposal made during the session and a bank statement that existed beforehand. The source and purpose of the material matter.
Documents do not become protected just by entering the session
Section 154.073(c) preserves the availability of material that is independently admissible or discoverable. Bringing an existing financial record to mediation does not automatically shield that record from an otherwise proper request.
Organize the relevant records honestly. If a document includes information unrelated to the dispute, ask counsel about appropriate handling. Do not assume a confidentiality label permits withholding material that must be disclosed elsewhere.
Keep the original records and identify which copies were shared. That helps separate the underlying evidence from the discussion about possible settlement terms.
Private discussions with the mediator
Mediation may include a separate conversation, often called a caucus, between the mediator and one participant. Section 154.053 addresses the impartial third party’s confidentiality duties, including information provided in confidence.
Before sharing a proposal privately, clarify what the mediator may relay to the other side. State any concern directly instead of assuming that everyone uses the same convention.
A private meeting with a neutral mediator does not turn the mediator into your advocate. If you need advice about accepting an offer or the consequences of particular wording, consult your own lawyer.
Reporting and other disclosure laws can still matter
Section 154.073 contains provisions for conflicts with other disclosure requirements and states that mediation confidentiality does not remove legal duties to report abuse or neglect. The appropriate response depends on the law and circumstances.
Tell your lawyer and the mediator about a safety concern before the session when possible. Ask about participation arrangements and whether mediation is suitable. Do not rely on a general privacy statement as the answer to a specific reporting question.
A signed agreement has a different purpose
Settlement discussions and an executed agreement are not interchangeable. An agreement is intended to establish terms, and those terms may need to be used in preparing or obtaining court orders. Any question about disclosure, filing or enforcement should be assessed separately.
Read the proposed agreement before signing and obtain independent advice as needed. Session confidentiality should not be mistaken for a right to disregard a binding agreement afterward.
Practical privacy for a virtual session
- Use a private room where other people cannot overhear.
- Confirm who may attend and identify everyone present.
- Use headphones when appropriate and silence unrelated notifications.
- Close unrelated documents before screen sharing.
- Follow the session’s rules about recording, screenshots and document sharing.
- Arrange a way to consult privately with your own lawyer if needed.
A virtual platform does not solve privacy by itself. Household members, shared devices and an open microphone can expose information outside the intended discussion.
Before the session, identify the information you want protected and ask how it will be handled. That gives the mediator and your lawyer a concrete issue to address, rather than relying on an absolute promise of secrecy.
Published by The Alchemy Attorneys, PLLC. This article provides general information about Texas law, not advice for a particular case.
