RulesofCivilProcedure.com Civil Procedure · Every State

§ 154.073.Confidentiality of Certain Records and Communications

Title 7. Alternate Methods of Dispute Resolution · Chapter 154. Alternative Dispute Resolution Procedures · Subchapter D. Miscellaneous Provisions · Last amended 2021 · Last verified August 29, 2026

In one sentenceSection 154.073 makes communications and records in an alternative dispute resolution procedure confidential and inadmissible against a participant, with exceptions for independently discoverable material, government settlement agreements, in camera review, and abuse reporting.

Full Text of § 154.073

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a)Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute 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 in any judicial or administrative proceeding.
(b)Any record made at an alternative dispute resolution procedure is confidential, and the participants or the third party facilitating the procedure may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.
(c)An oral communication or written material used in or made a part of an alternative dispute resolution procedure is admissible or discoverable if it is admissible or discoverable independent of the procedure.
(d)A final written agreement to which a governmental body, as defined by Section 552.003, Government Code, is a signatory that is reached as a result of a dispute resolution procedure conducted under this chapter is subject to or excepted from required disclosure in accordance with Chapter 552, Government Code.
(e)If this section conflicts with other legal requirements for disclosure of communications, records, or materials, the issue of confidentiality may be presented to the court having jurisdiction of the proceedings to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the court or whether the communications or materials are subject to disclosure.
(f)This section does not affect the duty to report abuse or neglect under Subchapter B, Chapter 261, Family Code, and abuse, exploitation, or neglect under Subchapter C, Chapter 48, Human Resources Code.
(g)This section applies to a victim-offender mediation by the Texas Department of Criminal Justice as described in Article 56A.602, Code of Criminal Procedure.
End

Plain-English Summary

The confidentiality section, and it is the load-bearing provision of the chapter.

A communication relating to the subject matter of a civil or criminal dispute, made by a participant, is confidential, is not subject to disclosure, and may not be used as evidence against the participant in any judicial or administrative proceeding.

The protection applies before or after suit is filed. A pre-litigation mediation is covered.

Records made at the procedure are confidential too, and neither the participants nor the neutral may be compelled to testify or to produce confidential information relating to the dispute.

Protecting the neutral from process is what keeps neutrals available. A mediator who could be deposed about every settlement discussion would be a witness in every failed mediation.

The first exception is the important one. Material admissible or discoverable independent of the procedure stays admissible. A document does not become privileged by being shown to a mediator.

Government settlement agreements are treated under public information law. A final written agreement signed by a governmental body is subject to or excepted from disclosure under the Public Information Act.

Conflicts go to the court in camera. Where this section conflicts with other disclosure requirements, the court may examine the material privately and decide whether to protect it or order it disclosed.

Abuse reporting duties survive, and the section applies to victim-offender mediation conducted by the Texas Department of Criminal Justice.

Frequently Asked Questions

Is what I say in mediation confidential?

Yes. A communication relating to the subject matter, made by a participant, is confidential and may not be used as evidence against that participant.

Can a document be protected by taking it to mediation?

No. Material that is admissible or discoverable independent of the procedure stays that way.

Can a mediator be made to testify?

No. Participants and the neutral may not be required to testify or to produce confidential material relating to the dispute.

Are there other exceptions?

Yes — government settlement agreements under public information law, in camera review where the section conflicts with other disclosure requirements, and the duty to report abuse or neglect.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
  • Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 30, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1352, Sec. 6, eff. Sept. 1, 1999;
  • Acts 2001, 77th Leg., ch. 1034, Sec. 13, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(6), 21.002(3), eff. Sept. 1, 2001.
  • Amended by:
  • Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.04, eff. January 1, 2021.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source