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Texas Law - Can the Court Order Arbitration? Texas law does not contain any provision permitting the court to order arbitration rather than a trial. Every divorce case in Texas is thus heard (or at least the parties' agreement is reviewed) by a judge, not an arbitrator. However, the parties may agree to binding arbitration with respect to custody. And the court may refer custody issues to mediation, with or without the parties' consent. Section 153.0071.
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