What Makes a Mediated Settlement Agreement (MSA) Binding in Texas?

When families go through mediation to resolve divorce, custody, or other family law issues, the ultimate goal is often to reach a Mediated Settlement Agreement (MSA). This agreement outlines all decisions made during mediation and is typically submitted to the court for final judgment.

But while mediation may feel more relaxed than litigation, the agreements you make in mediation carry real legal weight—and there are a few important things you should know before signing anything.

1. Not All Mediated Settlement Agreements Are Automatically Binding

For an MSA to be legally binding under Texas Family Code Section 153.0071, it must meet specific criteria. These include:

• The agreement must state clearly, in bold or underlined text, that it is not subject to revocation.

• It must be signed by both parties.

• It must also be signed by both attorneys, if the parties have legal representation.

If all these elements are present, the agreement is binding and enforceable, even if one party later regrets signing it.

2. Texas Courts Generally Enforce Valid MSAs

Family courts in Texas take mediation seriously. Judges typically approve mediated settlement agreements as long as they meet the legal requirements. Why? Because the courts want to support mediation as a practical, less contentious alternative to litigation.

That said, there are rare exceptions. A judge may refuse to approve an MSA if:

• There’s credible evidence that family violence occurred, affecting one party’s ability to make decisions freely.

• The terms of the agreement are not in the best interest of the child involved.

Outside of these limited situations, it’s extremely difficult to walk back a signed MSA.

3. Think Before You Sign

One of the most common mistakes in mediation is rushing to sign an agreement just to get it over with—especially when emotions are high or fatigue sets in during a long day of negotiation.

But remember:Once signed, an MSA is not like a casual agreement or a draft that can be revised later. It becomes a contract with significant legal consequences. Trying to back out after signing typically requires proving fraud, coercion, illegality, or another serious issue—and that’s not easy to do.

That’s why it’s so important to fully understand every term before putting your name on the dotted line.

4. Why Having an Attorney Matters

A mediator must remain neutral and cannot give legal advice—even if they’re an attorney by profession. That’s why it’s strongly recommended that both parties have their own lawyers before and during mediation. Your attorney can:

• Review the proposed terms

• Explain the legal implications

• Help you identify anything missing or problematic

• Make sure your rights and interests are protected

This added layer of protection ensures that you don’t unknowingly agree to something that could hurt you long-term.

Take Mediation—and the Mediated Settlement Agreement (MSA)—Seriously

While mediation is designed to be less formal and more cooperative than court, don’t let that fool you into thinking it’s less serious. Once signed, a mediated settlement agreement becomes a powerful legal document that shapes the outcome of your family law case.

If you’re preparing for mediation or reviewing a potential agreement, take your time, ask questions, and get legal support. It could make all the difference in protecting your future.

Need help preparing for mediation or reviewing an MSA? Reach out to our team today to ensure you fully understand your options—and your rights—before moving forward. Mediation works best when everyone is informed, supported, and ready to make thoughtful, lasting decisions.