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ADR-RELATED DECISIONS OF THE TEXAS SUPREME COURT
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MEDIATION AND OTHER FORMS OF ADR
Section 154.021(a) of the Civil Practice and Remedies Code authorizes a trial court to refer a pending
dispute for resolution by an alternative dispute resolution procedure such as mediation. TEX. CIV. PRAC.
& REM. CODE ANN. §§ 154.021(a), 154.023 (West 2011). When a matter is referred to mediation, the trial
court does not lose jurisdiction over the case as a mediator does not have the power to render judgment;
only the trial court has the authority to render a final judgment. Id. § 154.023(b) (mediator may not impose
own judgment on the issues); id. § 154.071(b) (West 2011) (providing that the trial court may, in its
discretion, incorporate the terms of a settlement agreement into the court’s final decree disposing of the
case). The trial court retains jurisdiction over the case until a final judgment is rendered disposing of all
parties and issues. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). After entry of a final
judgment, the trial court does not lose jurisdiction over the case until its plenary power expires. See TEX.
R. CIV. P. 329b.
A mediated settlement agreement is enforceable in the same manner as any other contract. TEX. CIV.
PRAC. & REM. CODE ANN. § 154.071(a) (West 2011); Hardman v. Dault, 2 S.W.3d 378, 380 (Tex. App.—
San Antonio 1999, no pet.).
MEDIATION / ARBITRATION RELATED COURT OF APPEALS DECISIONS
HERVE F. GENTILE v. PATRIZIA E. GENTILE; from Aransas County; 13th district
(13-04-00167-CV, ___ SW3d ___, 02-01-07) as redrafted (enforcement of property division in divorce,
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