Child protection mediation began as a pilot project in Texas. The success of the pilot led to implementation across most of the state. The University of Texas Law School Mediation Clinic conducted a survey of judges, attorneys and mediators in an effort to understand how child protection mediation is being used throughout the state. The survey revealed that mediation is inconsistently used; in some jurisdictions, judges often recommend mediation, while in others its use is rare. No matter the jurisdiction, mediation most often occurs in anticipation of trial, which generally occurs about one year after the removal of the children. The second most common timeframe for mediation is between the 60-day hearing and the first permanency hearing, at 180 days. Almost half of mediations are concluded within half a day, with another 30% completed within a full day.

In this report, the author recommends that the state set an expectation that judges refer cases to mediation. This will give families across the state access to the process. The author also recommends that the courts start collecting consistent and relevant data and share it with others in order to determine the best practices for selecting cases, the timing of mediation and mediator qualifications, among others. Other recommendations include assuring stable funding for mediation so that the lack of mediators does not bar access to mediation, to train all mediators in child protection matters, to train lawyers and other professionals in effective participation, and to educate judges on the process.