To file a motion for mediation in Texas, you draft a short written request asking the judge to refer your pending case to a neutral mediator, attach a proposed order for the judge to sign, file both through eFileTexas, and serve every other party under Rule 21a. The authority sits in Section 154.022 of the Texas Civil Practice and Remedies Code, which lets a court refer a pending dispute to mediation on its own or at a party’s request.1State of Texas. Texas Civil Practice and Remedies Code Chapter 154 – Alternative Dispute Resolution Procedures The drafting is not hard. What determines whether the judge signs the order quickly is how well you handle the proposed order, the mediator selection, and service.
What to Put in the Motion
Texas has no statewide form. You draft the motion yourself using the standard structure any Texas civil motion follows. Templates are available at local law libraries, through commercial legal databases, and sometimes through TexasLawHelp.2Texas Law Help. Drafting Your Own Court Documents
Before you start typing, pull the administrative details for the caption:
- The cause number assigned when the lawsuit was filed.
- The specific court where the case is pending, such as the 134th District Court or County Court at Law No. 2.
- The full style of the case, with plaintiff and defendant names written exactly as they appear on the original petition.
- Names, addresses, phone numbers, email addresses, and State Bar numbers for every attorney of record, or the contact details of any self-represented party.
The motion itself should contain a caption at the top; a clear title such as “Motion to Refer Case to Mediation”; a brief background stating the nature of the dispute, how long the case has been pending, and why mediation makes sense now; a citation to Chapter 154 of the Texas Civil Practice and Remedies Code, particularly Section 154.022; a specific request asking the court to sign an order compelling the parties to mediate, naming your proposed mediator, suggesting a completion deadline, and stating how fees should be split; and a signature block with a certificate of service.
Keep the background short. A judge reading the motion wants a practical reason to send the case out, not a retelling of the case. A sentence or two on the dispute and a clear statement that mediation could produce a settlement or narrow the contested issues is enough.
The Proposed Order You Attach
Texas judges do not sign the motion. They sign a separate document, the proposed order, that you draft and attach. Without it, the judge has nothing to sign and the motion sits idle.
Your proposed order should carry the same caption, use a heading like “Order Referring Case to Mediation,” and include:
- The name of the appointed mediator, or a blank line if you have asked the court to choose.
- A deadline for completing mediation.
- How the mediator’s fees will be divided among the parties.
- A requirement that all parties and their attorneys attend in person with full settlement authority.
- A signature line and date line for the judge.
Some courts have local formatting preferences for orders. Check the local rules or call the court coordinator before finalizing. Handing the judge a clean, ready-to-sign order is what makes the referral happen without a drafting step on the court’s end.
Choosing a Mediator and Handling Fees
You can name a specific mediator in the motion or ask the judge to appoint one. Either way, Texas law requires the mediator to have completed at least 40 classroom hours of training in dispute resolution techniques through a court-approved course.1State of Texas. Texas Civil Practice and Remedies Code Chapter 154 – Alternative Dispute Resolution Procedures Cases involving conservatorship, possession, or support of children add another 24 hours of training in family dynamics, child development, and family law, unless the court waives it. Individual courts can require more.
Many counties keep rosters of approved mediators through a local dispute resolution center. Tarrant County, for example, requires its mediators to complete the 40-hour basic course and offers additional training for family cases.3Tarrant County. Mediation Training If you and the opposing party agree on a mediator before filing, say so in the motion. Judges almost always honor a joint selection. When the parties cannot agree, the court appoints someone from the local roster.
Private mediators typically charge by the hour, and rates vary by experience and the complexity of the dispute. The court can set a reasonable fee for an appointed mediator, and unless the parties agree otherwise, the judge taxes that fee as part of the costs of the lawsuit.4State of Texas. Texas Civil Practice and Remedies Code 154.054 – Compensation of Impartial Third Parties If you want the costs divided a particular way, put that request in both the motion and the proposed order.
Filing Through eFileTexas
Attorneys filing civil documents in Texas district and county courts must use the eFileTexas system.5eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas Self-represented parties are not required to e-file but are encouraged to do so. If you are representing yourself and prefer to file on paper, contact your local district clerk’s office about their in-person procedures.
When filing electronically, upload the motion as the lead document and attach the proposed order as a separate attachment. The system routes both to the clerk. Filing fees vary by county. The eFileTexas FAQ directs filers to contact the local court for the specific amount, since fees are set by the Legislature and differ by court type.6eFileTexas.gov. Frequently Asked Questions You pay as part of the electronic transaction, usually by credit card or through an attorney trust account linked to your e-filing service provider.
Serving the Other Parties
Filing does not serve the opposing parties. Under Texas Rule of Civil Procedure 21a, a document filed electronically must be served electronically through the e-filing manager if the other party’s or attorney’s email address is on file with the system.7Supreme Court of Texas. Texas Rules of Civil Procedure Rule 21a – Methods of Service In practice, when every attorney in the case is registered, the e-filing system handles this automatically and sends you a confirmation as proof of service.
If a party or their attorney is not registered, you can serve them by hand delivery, certified or registered mail, or another method allowed under Rule 21a. When service is by mail, three additional days are added to any response deadline the other side has.7Supreme Court of Texas. Texas Rules of Civil Procedure Rule 21a – Methods of Service
End the motion with a certificate of service stating the date and method of service for each party. This confirms to the court that everyone has been notified.
What Happens After You File
The court coordinator reviews the motion once it is filed and served. If no party objects, many judges sign the proposed order without setting a hearing, especially when the motion is unopposed or jointly filed. If the opposing party files an objection, the judge will set a hearing where both sides argue.
Under Rule 21, an application for an order not presented during a trial or other proceeding must be served at least three days before any hearing, unless the court shortens that period. If a hearing is set, confirm service was completed at least three days ahead.
Once the judge signs the order, the clerk distributes it electronically to all parties. From that point the order is enforceable. You and the opposing side must coordinate with the mediator to schedule the session before the court’s deadline. Courts take compliance seriously. Failing to show up or refusing to participate can result in sanctions or a finding of contempt, both carrying financial penalties and lasting damage to your standing with the judge.
If the Other Side Objects
The opposing party is not stuck with your request. Section 154.022(c) states that on a party’s motion, the court “shall, for good cause shown, refuse to refer” the dispute to mediation.1State of Texas. Texas Civil Practice and Remedies Code Chapter 154 – Alternative Dispute Resolution Procedures Good cause might include a history of domestic violence, an extreme power imbalance, or a prior failed mediation on the same issues. If you expect an objection, addressing the likely arguments in the motion itself strengthens your position.
One boundary worth knowing: the court’s referral authority under Chapter 154 does not reach a dispute governed by the Federal Arbitration Act. If your case falls under the FAA, the mediation-referral statute is not the right lever.
Before choosing the type of ADR, the court is required to confer with all parties under Section 154.022.8State of Texas. Texas Civil Practice and Remedies Code 154.002 – Policy That conference usually happens at the hearing, though many judges handle unopposed motions on the papers.