§ 172.206.Confidentiality

Title 7. Alternate Methods of Dispute Resolution · Chapter 172. Arbitration and Conciliation of International Commercial Disputes · Subchapter H. Provisions Relating Only to Conciliation · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 172.206 makes statements, admissions and conciliation documents inadmissible and undiscoverable in an arbitration or civil action, allows disclosure by consent of every participant, and lets the tribunal or court remedy a violation.

Full Text of § 172.206

Text sizeJump to: (a) (b) (c) (d)

(a)Evidence of anything said or of an admission made in the course of a conciliation is not admissible in evidence, and disclosure of that evidence may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given.

(b)Except as provided by a document prepared for the purpose of, in the course of, or pursuant to the conciliation, the document or a copy of the document is not admissible in evidence, and disclosure of the document may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given.

(c)Subsection (a) does not limit the admissibility of evidence if each party participating in conciliation consents to the disclosure.

(d)If evidence is offered in violation of this section, the arbitration tribunal or the court shall make any order it considers appropriate to deal with the matter, including an order restricting the introduction of evidence or dismissing the case without prejudice.

End

Plain-English Summary

Confidentiality, and it is what makes candid conciliation possible.

What is said is protected. Evidence of anything said, or of an admission made, in the course of a conciliation is not admissible, and disclosure may not be compelled.

The protection covers two forums — an arbitration and a civil action in which testimony may be compelled.

Documents are protected as well. A document prepared for the purpose of, in the course of, or pursuant to the conciliation, or a copy of it, is inadmissible and undiscoverable on the same terms.

The "prepared for" language is the important part. It reaches material created for the conciliation, and leaves documents that existed independently where they were.

Consent unlocks it. The bar does not limit admissibility if each party participating in the conciliation consents to disclosure.

Every participating party must consent. One party cannot open the record over another’s objection.

Violations are met with remedies. If evidence is offered in violation of the section, the tribunal or the court shall make any order it considers appropriate.

Two remedies are named — restricting the introduction of evidence, and dismissing the case without prejudice.

Dismissal is a striking remedy for an evidentiary breach, and it shows how seriously the chapter treats the protection.

Frequently Asked Questions

Is what is said in a conciliation confidential?

Yes. Statements and admissions are inadmissible and disclosure may not be compelled in an arbitration or civil action.

What about documents?

Documents prepared for, in the course of, or pursuant to the conciliation are protected on the same terms.

Can the protection be waived?

Yes, if each party participating in the conciliation consents to the disclosure.

What happens if someone violates it?

The tribunal or court may make any appropriate order, including restricting the evidence or dismissing the case without prejudice.

Amendment History

Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-23 and amended by
Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

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