Sec. 6.602. MEDIATION PROCEDURES. (a) On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation.
(b) A mediated settlement agreement is binding on the parties if the agreement:
(1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is present at the time the agreement is signed.
(c) If a mediated settlement agreement meets the requirements of this section, a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law.
(d) A party may at any time prior to the final mediation order file a written objection to the referral of a suit for dissolution of a marriage to mediation on the basis of family violence having been committed against the objecting party by the other party. After an objection is filed, the suit may not be referred to mediation unless, on the request of the other party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 2, eff. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 1351, Sec. 1, eff. Sept. 1, 1999.
Notes of Decisions
Cited in
148
cases (
33 in the last 5 years), 1997–2026 · leading case:
Milner v. Milner, 361 S.W.3d 615 (Tex. 2012).
Milner v. Milner, 361 S.W.3d 615 (Tex. 2012).
· cites it 8× “Although the MSA complied with Texas Family Code § 6.602, the court of appeals nevertheless set it aside, concluding that the trial court had abused its discretion when dividing the property because there had been no meeting of the minds regarding the nature of Vicki's…”
Boyd v. Boyd, 67 S.W.3d 398 (Tex. App. 2002).
· cites it 4× “Tex. Fam. Code Ann. §§ 6.602 (b)-(c), 153.”
Mullins v. Mullins, 202 S.W.3d 869 (Tex. App. 2006).
· cites it 5× “See Tex. Fam. Code Ann. §§ 6.602 (b), 153.0071(d).”
Zeifman v. Michels, 212 S.W.3d 582 (Tex. App. 2006).
· cites it 2× “See Tex. Fam.Code Ann. § 6.602 (West 2006). In the decree, the parties agreed that its provisions could be modified by a court of competent jurisdiction.”
Brooks v. Brooks, 257 S.W.3d 418 (Tex. App. 2008).
· cites it 3× “Tex. Fam.Code Ann. § 6.602 (Vernon 2006).”
Beck v. Law Offices of Edwin J. Terry, Jr., 284 S.W.3d 416 (Tex. App. 2009).
· cites it 2× “See Tex. Fam.Code Ann. § 6.602 (West 2006). The Mediated Settlement Agreement provided, "THIS AGREEMENT IS NOT SUBJECT TO REVOCATION," and that, "The parties and their attorneys recognize that this provision means that either party is entitled to judgment on this Mediated…”
Loya v. Loya, 526 S.W.3d 448 (Tex. 2017).
· cites it 2× “2012); Tex. Fam. Code § 6.602. Because an MSA is a contract, we look to general contract-interpretation principles to determine its meaning.”
Spiegel v. KLRU Endownment Fund, 228 S.W.3d 237 (Tex. App. 2007).
· cites it 3× “Code Ann. § 7.006 (West 2006). Section 6.602 of the family code, in contrast, allows spouses to enter into settlement agreements that are immediately binding and do not require the approval of the court.”
Ronald C. Toler v. Vicky Lynn Sanders, F/K/A Vicky Toler, 371 S.W.3d 477 (Tex. App. 2012).
· cites it 3× “See Tex. Fam.Code Ann. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did not reflect the parties’ agreed division of the retirement benefits earned during the marriage.”
Boufaissal v. Boufaissal, 251 S.W.3d 160 (Tex. App. 2008).
· cites it 2× “See TEX. FAM.CODE ANN. § 6.602(a)-(c) (Vernon 2006); In re Marriage of Joyner, 196 S.”
— Tex. Fam. Code § 6.602(a) — 6 cases
Boufaissal v. Boufaissal, 251 S.W.3d 160 (Tex. App. 2008).
“See TEX. FAM.CODE ANN. § 6.602(a)-(c) (Vernon 2006); In re Marriage of Joyner, 196 S.”
Mullins v. Mullins, 202 S.W.3d 869 (Tex. App. 2006).
“See Tex. Fam. Code Ann. §§ 6.602 (b), 153.0071(d).”
— Tex. Fam. Code § 6.602(b) — 48 cases
Milner v. Milner, 361 S.W.3d 615 (Tex. 2012).
“Although the MSA complied with Texas Family Code § 6.602, the court of appeals nevertheless set it aside, concluding that the trial court had abused its discretion when dividing the property because there had been no meeting of the minds regarding the nature of Vicki's…”
Boyd v. Boyd, 67 S.W.3d 398 (Tex. App. 2002).
“Tex. Fam. Code Ann. §§ 6.602 (b)-(c), 153.”
Mullins v. Mullins, 202 S.W.3d 869 (Tex. App. 2006).
“See Tex. Fam. Code Ann. §§ 6.602 (b), 153.0071(d).”
Brooks v. Brooks, 257 S.W.3d 418 (Tex. App. 2008).
“Tex. Fam.Code Ann. § 6.602 (Vernon 2006).”
— Tex. Fam. Code § 6.602(b)(1) — 1 case
— Tex. Fam. Code § 6.602(b)(e) — 1 case
Ronald C. Toler v. Vicky Lynn Sanders, F/K/A Vicky Toler, 371 S.W.3d 477 (Tex. App. 2012).
“See Tex. Fam.Code Ann. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did not reflect the parties’ agreed division of the retirement benefits earned during the marriage.”
— Tex. Fam. Code § 6.602(c) — 20 cases
Boyd v. Boyd, 67 S.W.3d 398 (Tex. App. 2002).
“Tex. Fam. Code Ann. §§ 6.602 (b)-(c), 153.”
Loya v. Loya, 526 S.W.3d 448 (Tex. 2017).
“2012); Tex. Fam. Code § 6.602. Because an MSA is a contract, we look to general contract-interpretation principles to determine its meaning.”
Mullins v. Mullins, 202 S.W.3d 869 (Tex. App. 2006).
“See Tex. Fam. Code Ann. §§ 6.602 (b), 153.0071(d).”
— Tex. Fam. Code § 6.602(d) — 1 case
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