What is Mediation?
Parties involved in a dispute typically select a mediator jointly. The mediator can be chosen from a list provided by the court or selected privately.
Mediators in Texas often have specialized training and certification in mediation techniques and specific areas of law, such as civil or business disputes.
Once a mediator is chosen, the parties and the mediator coordinate a suitable date, time, and location for the mediation session.
A mediation can be in-person or via zoom.
Depending on the complexity of the case, mediation sessions can last half a day, a full day, and at times even a few hours, or several days.
Before the mediation session, each party is encouraged to prepare thoroughly. This includes gathering all relevant documents, evidence, and any supporting information.
Parties may meet with their attorneys to discuss their goals and strategy for the mediation.
It is imperative that the parties provide the mediator with the necessary information about their case prior to the mediation so that time can be used wisely.
During the mediation session, the mediator plays a neutral role and facilitates communication between the parties.
The mediator helps the parties identify issues, explore potential solutions, and negotiate the terms of an agreement.
The mediator may conduct joint sessions where all parties are present and private caucuses where each party meets separately with the mediator.
The mediator will help each side understand the strengths and challenges in their case, but will always maintain strict confidentiality about what is discussed. The mediator will only share the information that the party specifically wants to be shared. It is important to remember that the mediator is not a judge or advocate, the mediator is there to help both parties come to an agreement.
The process of mediation is confidential and all negotiations remain private, whether or not the mediation produces an agreement.
The goal of the mediation sessions is to reach a mutually acceptable agreement.
If an agreement is reached, the mediator will assist in drafting the terms of the agreement, which is then reviewed and signed by all the parties. The agreement is to be signed at the end of the mediation.
The agreement is legally binding and enforceable in court.
In some cases, the mediated agreement may require court approval.
Once approved, the mediated agreement becomes a legally binding court order.
If an agreement is not reached during mediation, the parties can pursue other legal avenues, such as litigation.
Nonetheless, mediation remains confidential, meaning that any and all discussions or offers made during the mediation process generally cannot be used as evidence in court.
Before the mediation session, each party is encouraged to prepare thoroughly. This includes gathering all relevant documents, evidence, and any supporting information. Parties may meet with their attorneys to discuss their goals and strategy for the mediation.
It is imperative that the parties provide the mediator with the necessary information about their case prior to the mediation so that time can be used wisely.
A mediator is not a judge and cannot declare a winner or a loser. A mediator is a specially trained neutral and impartial third party who assists the parties in addressing their goals and interests in order to work toward a solution that is acceptable to all the parties.
My goal as a mediator is to bring about a resolution while minimizing additional stress and expense, which both get compounded in litigation and trial. Mediation can often deliver a faster and more cost-effective result to going to court, and it allows the parties themselves to choose that resolution. Often, mediation brings about an end to the conflict that is more favorable to both parties than a court decision.
Remember, with mediation you are in control over the outcome. In litigation, the parties’ actions and the potential resolutions are controlled by a judge. In mediation, you get to control and sometimes be creative with the resolution. Also, a mediation is completely confidential, everything that is said and decided is private.
Mediations can be scheduled at a time and place that is convenient to the parties, instead of having to abide by the court’s and judge’s schedules.
Sometimes, a trial cannot be avoided, but it is to the benefit of the parties to try to resolve their disputes in mediation so that they can achieve an expeditious and cost-efficient result.
Mediation is an opportunity to keep the decision making process in the hands of the parties. A mediator can assist the parties in identifying the issues and discussing the strengths and potential limitations in a confidential, safe, and private setting.
Why Use Mediation?
- Control: a mediation allows the parties to come up with their own solution and is not controlled by a judge
- Efficient and Economical: a mediation is much more cost effective that continuing with litigation and going to trial
- Confidential: a mediation is completely confidential and private
- Understanding: a mediation can allow for better communication and understanding between the parties
- It is required by law in many legal cases.
A mediation generally consists of 5 stages:
- Introduction to the mediator and the parties, and to the mediation process.
- Opening statements in joint session by counsel and the parties
- Private sessions, called caucuses, with the respective parties and the mediator
- Negotiations
- Drafting of a Memorandum of Agreement if a settlement is reached.
In actuality, most cases are resolved without going to trial, and a mediation gives the parties the opportunity to communicate their needs and come up with creative solutions that both parties can agree on.
Areas:
Civil litigation including
- Personal injury
- Product liability
- Commercial disputes
- Construction disputes
- Business and contract disputes
Family law litigation including
- Divorce
- Custody and Parenting Coordination
- CPS Matters
- Spousal and child support
- Pre or post nuptial agreements
In-person and zoom mediations available.
You can’t always get what you want, but if you try sometimes, you might find, you get what you need. – Mick Jagger
