What is mediation?
Mediation is an informal meeting in which a neutral person, the mediator, helps both sides negotiate a settlement. The mediator cannot decide who wins or force anyone to agree. In injury cases, mediation usually happens after a lawsuit is filed and is often the day the case finally settles.
Last checked November 9, 2026 · Official sources (4)
What happens at a personal injury mediation? An example
EXAMPLE ONLY. A year after a truck crash near San Antonio, Elena's case goes to mediation. Her losses are about $60,000. She and her lawyer sit in one room. The trucking company's lawyer and an insurance adjuster sit in another. The mediator walks back and forth all day.
- 9:00 a.m.: Elena's side asks for $90,000. The insurer offers $15,000.
- Noon: the mediator points out weak spots to each side in private. Offers move to $70,000 and $25,000.
- 4:00 p.m.: the gap is $45,000 to $30,000.
- 6:30 p.m.: both sides accept $36,000, and everyone signs a short written agreement before leaving.
Elena did not have to accept. If she had walked out, the case would have kept going toward trial.
Why does mediation matter if you were hurt?
It is often your best chance to see the insurer's real top number, because the person with authority to pay is usually there or on the phone. It also ends the uncertainty of a trial in exchange for a number you can live with.
Be ready for a long day, and bring your current medical bills and any lien amounts. Once you sign a settlement, there is usually no going back. In Texas, a signed written settlement agreement is enforceable like any other written contract.
How does mediation work in Texas?
Texas law describes mediation as a forum where an impartial mediator helps the parties communicate, and it bars the mediator from imposing a decision. Communications made in the process are generally confidential and cannot be used as evidence against you, although there are exceptions. Courts in many states order mediation before an injury case can go to trial.
Mediation vs. arbitration
In mediation, nobody decides for you. You either agree or you do not. In arbitration, a neutral person hears both sides and makes a decision, which can be binding. If you want to keep control over the outcome, mediation is the one where you do.
Questions
Do I have to attend mediation in person?
It depends on the court and the mediator. Many mediations now happen by video, but the injured person is usually expected to take part.
Is a mediation agreement legally binding?
A signed written settlement agreement is. In Texas it is enforceable like any other written contract.
What if mediation fails?
The lawsuit continues. Many cases still settle later, closer to trial.
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See if I’m owed moneySources (4)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “Mediation is an informal process in which a mediator facilitates negotiations between the parties to help them resolve their dispute.”
- Tex. Civ. Prac. & Rem. Code § 154.023, checked 2026-11-09. “Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. (b) A mediator may not impose his own judgment on the issues for that of the parties.”
- Tex. Civ. Prac. & Rem. Code § 154.071(a), checked 2026-11-09. “If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract.”
- Tex. Civ. Prac. & Rem. Code § 154.073(a), checked 2026-11-09. “made by a participant in an alternative dispute resolution procedure, whether before or after the institution of formal judicial proceedings, is confidential, is not subject to disclosure, and may not be used as evidence against the participant”