What Is Mediation in a Lawsuit: How a Session Works, What Is Confidential, and What Happens After

Mediation in a lawsuit is a settlement process in which a neutral mediator helps the parties communicate, evaluate options and negotiate. The mediator does not act as the judge and cannot impose a result. A court may order or refer a case to mediation, or the parties may choose it, depending on the jurisdiction and the case. Sessions commonly include a joint introduction, private meetings called caucuses, negotiation and, if the parties agree, a written settlement. Confidentiality, attendance, fees, deadlines and enforcement vary by state, federal court and local rule. If no agreement is reached, the lawsuit generally continues.

You were told to attend mediation. What does that mean?

A judge, a scheduling order, opposing counsel or your own lawyer may have mentioned mediation, and the first question is usually whether it is a hearing. It is not. Mediation is a series of meetings, sometimes joint and sometimes separate, with a trained neutral. The Southern District of New York's Local Civil Rule 83.9 (opens in a new tab) and its mediation program page (opens in a new tab) describe a mediator who helps the parties identify issues, interests, strengths, weaknesses and possible resolutions, while the parties make the settlement decision.

Texas law says the same thing in its own words. Under Civil Practice and Remedies Code § 154.023 (opens in a new tab), mediation is a forum in which an impartial person facilitates communication between parties to promote reconciliation, settlement or understanding, and the mediator may not impose the mediator's own judgment in place of the parties'. Florida's court system likewise says its mediators cannot decide the dispute (opens in a new tab).

For questions about your own case, three contacts are useful. The court clerk can answer scheduling and local procedure, the mediator can answer logistics, and a licensed lawyer can give legal advice.

What happens in a mediation session?

Court descriptions of a typical session follow a similar order. The mediator explains the process and the role of a neutral. The parties and any lawyers describe their positions and interests. The mediator identifies areas of agreement and disagreement and may meet with everyone together or with each side separately in caucuses. The parties exchange proposals and negotiate. If they reach agreement, the terms go into a written settlement. If they do not, the mediator reports the result as the applicable procedure requires, which does not necessarily include what was said in negotiations. These steps are drawn from the Southern District of New York's program (opens in a new tab) and the Florida Courts guide (opens in a new tab).

There is no national rule on length. A court or provider may schedule a half day, a full day or another period, and the referral order or the provider's terms control. Sessions may be in person or by videoconference, according to Florida Courts. TexasLawHelp notes that mediation can involve family violence concerns (opens in a new tab), including who is in the room and whether a session is held by video.

Who attends mediation?

The Southern District of New York lists attorneys, parties with or without lawyers, and insurance representatives as participants. Florida Courts describes the mediator, the parties, any lawyers and possible videoconference or in-person sessions. Other participants, such as an interpreter or business representative, may need the agreement of the parties and the mediator's consent under the relevant procedure. Settlement authority is part of attendance, so check your court's order to see who must come and what authority they must have.

A lawyer is not required to attend. Florida Courts and the Southern District of New York describe participation by parties with or without lawyers. A mediator cannot provide legal advice, therapy or counseling, and Florida Courts says an unrepresented person with legal questions should contact a lawyer before mediation. Counsel can help present the case, evaluate proposals, communicate with the mediator and document agreed terms, according to the Southern District of New York (opens in a new tab).

Can a judge order mediation?

Often, yes. In Texas, Civil Practice and Remedies Code § 154.021 (opens in a new tab) lets a court refer a pending dispute to alternative dispute resolution on its own motion or on a party's motion. Under § 154.022 (opens in a new tab), a party may file a written objection within 10 days after the order is signed, and the court may withdraw the order if it finds a reasonable basis for the objection.

The federal system works differently. Under 28 U.S.C. § 652 (opens in a new tab), each district court must require civil litigants to consider alternative dispute resolution at an appropriate stage and provide at least one process, subject to exemptions and local implementation. The Northern District of Texas (opens in a new tab) says a case may be referred on a party's motion, by agreement or on the court's own motion, and that the parties may choose the mediator or the court may choose one. Referral timing may appear in a scheduling order, a local rule, a standing order or a case-specific order, so the order in your case controls.

Who is the mediator, and who pays?

In Texas, § 154.052 (opens in a new tab) generally calls for 40 classroom hours of dispute-resolution training for a court-appointed impartial third party, with 24 more hours for parent-child disputes, and the statute has an exception for professional training or experience. The Fourteenth Court of Appeals states that parties are not required to use a mediator recommended or listed (opens in a new tab) by the groups it references.

Fees vary. Section 154.054 (opens in a new tab) permits reasonable mediator fees and lets the court decide payment if the parties do not agree. The Northern District of Texas says mediation costs are generally shared equally, which is that court's general practice and not a national rule. Before you commit, ask the court or the mediator for the fee terms in writing.

What is confidential?

Confidentiality depends on where the case is. Texas § 154.073 (opens in a new tab) generally protects communications relating to the subject matter of mediation from disclosure or use as evidence, subject to exceptions in subsections (c) through (f). Those cover disclosure by participants, agreements reached, threats or statements of violence and public information involving a governmental body, among other circumstances. The statute does not promise absolute confidentiality.

The Uniform Mediation Act (opens in a new tab) sets up a mediation privilege with exceptions that include agreement of all parties, threats of bodily injury or crimes of violence, communications used to plan or commit a crime, evidence that is independently discoverable, and proceedings about the agreement or mediator misconduct. According to a California Law Revision Commission report (opens in a new tab), it has been enacted in the District of Columbia and eleven states: Hawaii, Idaho, Illinois, Iowa, Nebraska, New Jersey, Ohio, South Dakota, Utah, Vermont and Washington, from Nebraska in 2003 through Hawaii in 2013. Texas uses its own statute and is not on that list. The exact enacted text controls in each state.

Florida offers a different example. Its court page says a signed mediated settlement agreement is not confidential unless the parties agree and the law permits it. So, a statement that is protected in one state may be treated differently in another, and which statements to make or avoid is a question for your own lawyer.

Is a mediation agreement binding?

The process itself does not give the mediator power to decide the lawsuit, but a settlement can become binding once the governing law's requirements are met. In Texas, Rule 11 of the Rules of Civil Procedure (opens in a new tab) says an agreement touching a pending suit is not enforceable unless it is in writing, signed and filed with the papers as part of the record, or made in open court and entered of record, unless another rule provides otherwise.

Some family cases have their own rule. Texas Family Code § 153.0071 (opens in a new tab) says a mediated settlement agreement in a parent-child case is binding when it carries the required, prominently displayed nonrevocation statement and is signed by each party and by the attorney present at signing, if any. A qualifying agreement entitles a party to judgment on the agreement, subject to statutory exceptions. If you are in a divorce, our guide on how to file for divorce in Texas covers the wider process.

The State Bar of Texas has an article suggesting that counsel consider bringing a draft settlement agreement (opens in a new tab) to mediation, revising it during the session and finalizing and signing it there. That is attributed practice guidance, not a universal requirement.

What if mediation does not settle the case?

If there is no agreement, the case ordinarily continues under the court's existing schedule unless the parties settle later. A mediator may report "agreement," "no agreement" or "partial agreement" under the applicable court procedure. Court deadlines are set by the court's own order, so read it carefully and ask the clerk if a date is unclear.

How much does mediation cost, how long does it take, and how often does it settle?

No single national figure exists for fees or duration, so the court's order, the provider's terms and any agreement between the parties are the places to look. For settlement rates, the Southern District of New York publishes court-program statistics. Its 2025 report (opens in a new tab) shows the following for cases referred to that program, which included judge-referred cases and automatic referrals involving wage-and-hour, employment discrimination and civil rights matters and, beginning in 2025, personal injury matters.

Those rates describe one federal court's program, its referred cases and its own definition of settlement. They are not a national figure and do not predict any single case. The 2022 report notes substantial variation by case type.

How is mediation different from arbitration, negotiation and a settlement conference?

Each term describes a different process:

• Mediation: a neutral facilitates communication and negotiation, and the parties decide whether to settle.
• Arbitration: an arbitrator or panel hears evidence and arguments and decides the dispute under the arbitration arrangement and rules. TexasLawHelp (opens in a new tab) points out that the arbitrator makes the decision.
• Negotiation: the parties talk directly or through representatives without a neutral facilitator.
• Moderated settlement conference: under § 154.025 (opens in a new tab), a forum for case evaluation and settlement talks before a panel of impartial third parties, which may issue an advisory opinion that is not binding.
• Mini-trial: under § 154.024 (opens in a new tab), presentations to selected representatives or an impartial third party who may issue a nonbinding advisory opinion.

How can you prepare?

TexasLawHelp suggests preparing relevant materials and thinking through your objectives and the areas where you have flexibility, and its Spanish mediation page (opens in a new tab) describes bringing relevant materials and getting advice from a trusted person or lawyer. A short checklist drawn from the court and bar pages:

• Read the referral order and any local procedure.
• Confirm the date, format, location, mediator, fee terms and attendance requirements.
• Gather pleadings, relevant documents and a timeline.
• Identify who will attend and who has settlement authority.
• Review the confidentiality terms the court or mediator supplies.
• Confirm how a settlement or no-agreement report reaches the court.

Frequently asked questions

These short answers add points that come up after the basics.

Does the mediator decide who wins?

No. A mediator facilitates the negotiation, and the parties decide whether to settle. An arbitrator, by contrast, decides the dispute.

Can I go to mediation without a lawyer?

Some courts allow participation without one, including Florida Courts and the Southern District of New York. A mediator cannot give legal advice, so a person with legal questions should talk to a lawyer first.

Does mediation mean the lawsuit is over?

No. A case ends through a qualifying settlement and any required court filing or order. Without agreement, the case generally continues.

How long does mediation take?

There is no national standard. The court, the case, the mediator, the parties and the issues all affect the length, and the referral order or the provider's terms control the schedule.

What if one side does not show up or only some issues settle?

The court's order and local procedure govern those situations, and a mediator may report a partial agreement. Contact the court clerk about the specific order in your case.

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