Tex. Codes » Insurance Code · TITLE 5. PROTECTION OF CONSUMER INTERESTS · SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · CHAPTER 541. UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES
Texas Codes

Tex. Ins. Code § 541.161 (2026)

Mediation

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Sec. 541.161. MEDIATION. (a) A party may, not later than the 90th day after the date a pleading seeking relief under this subchapter is served, file a motion to compel mediation of the dispute in the manner provided by this section.

(b) The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation.

(c) The court shall appoint a mediator if the parties do not agree on a mediator.

(d) The mediation must be held not later than the 30th day after the date the order is signed, unless:

(1) the parties agree otherwise; or

(2) the court determines that additional time not to exceed 30 days is warranted.

(e) Each party who has appeared in the action, except as agreed to by all parties who have appeared, shall:

(1) participate in the mediation; and

(2) except as provided by Subsection (f), share the mediation fee.

(f) A party may not compel mediation under this section if the amount of actual damages claimed is less than $15,000 unless the party seeking to compel mediation agrees to pay the costs of the mediation.

(g) Except as provided by this section, the following apply to the appointment of a mediator and the mediation process provided by this section:

(1) Section 154.023, Civil Practice and Remedies Code; and

(2) Subchapters C and D, Chapter 154, Civil Practice and Remedies Code.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2017–2025 · leading case: Gasper v. Allstate Texas Lloyds, No. 7:22-cv-00004 (S.D. Tex. Feb. 1, 2022).
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Gasper v. Allstate Texas Lloyds, No. 7:22-cv-00004 (S.D. Tex. Feb. 1, 2022). · cites it 2× “Now turning to Plaintiffs’ motion to compel mediation,16 the Court notes as a threshold matter that the motion lacks numbered paragraphs entirely, hindering the Court’s reference to Plaintiffs’ arguments.”
Kelly Thomas v. Stand. Cas. Co., No. 02-17-00335-CV (Tex. App.—Fort Worth Dec. 14, 2017). “021 (West 2011); Tex. Ins. Code Ann. § 541.161 2 (West 2009).”
In re the Monson Law Firm, LLC v. the State of Texas, 714 S.W.3d 256 (Tex. App.—Corpus Christi–Edinburg 2025). “See TEX. INS. CODE ANN. § 541.161. In response to Campos’s original petition and motion to compel mediation, SureChoice, represented by Monson, filed a “Combined Original Answer, General and Verified Denials, Affirmative Defenses, and Motions for Protection, Abatement, and…”
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