For an informal settlement agreement, see forms 18-51 and 18-52. For letters cautioning the client against signing an agreement without the attorney’s review, see forms 2-16 and 2-18.
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Include the following notice if a minor is named in the caption or if the agreement contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Mediated Settlement Agreement
[Short Form]
The undersigned parties to this settlement agreement agree to compromise and settle the claims and controversies between them. The parties wish to avoid potentially protracted and costly litigation.
The parties have agreed to appear at mediation electronically, which includes telephone or videoconference (for example, Zoom or Teams). Each party expressly agrees and warrants that this means of attendance at mediation has not negated or limited [his or her/his/her] ability to fully participate in the mediation process and that [he or she/he/she] was given the opportunity to speak with the mediator thoroughly. Each party further agrees and warrants that [he or she/he/she] had the opportunity to communicate and to receive confidential legal advice during this mediation. Each party agrees and understands that this settlement agreement is binding, as stated herein, regardless of the manner in which [he or she/he/she] participated at mediation.
1.Terms of the settlement are set out on Exhibit [exhibit number/letter] attached to this agreement.
2.The parties agree to the terms and provisions of the parenting plan required under Texas Family Code section 153.603, which is marked Exhibit [exhibit number/letter] and attached to this agreement. [See form 16-1.]
3.If any dispute arises with regard to the interpretation or performance of this agreement or any of its provisions, including the necessity and form of closing documents, the parties agree to try to resolve the dispute by phone conference with the mediator who facilitated this settlement. Any disputes regarding drafting shall be resolved whenever possible by reference to the current edition of Texas Family Law Practice Manual.
4.This agreement is made and performable in [county] County, Texas, and must be construed in accordance with Texas law.
5.Each party signing this settlement has entered into the settlement agreement freely and without duress. [Name of party A] has [consulted with an attorney of [his/her] choice/had the opportunity to consult with an attorney of [his/her] choice but has declined to do so]. [Name of party B] has [consulted with an attorney of [his/her] choice/had the opportunity to consult with an attorney of [his/her] choice but has declined to do so]. Each party has been advised by the mediator that the mediator is not the attorney for any party and that each party should have this agreement approved by that party’s attorney before executing it.
6.This settlement agreement is signed voluntarily on the dates set out below, and its provisions are intended to be incorporated into a final decree of divorce.
7.The parties agree to appear in court at the first available date to present evidence and secure rendition of judgment in accordance with this Mediated Settlement Agreement.
8.THIS AGREEMENT IS NOT SUBJECT TO REVOCATION.
9.This settlement agreement may be signed, in whole or in part, using electronic signatures.
[Name of party A]
Signed on:
[Name of party B]
Signed on:
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Include signature lines for parties’ attorneys who are present when the agreement is signed. |
[Name]
Attorney for [name of party A]
Signed on:
[Name]
Attorney for [name of party B]
Signed on:
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Attach the exhibit(s) containing the settlement terms and, if applicable, the parenting plan. |