What is Mediation?

1.         “Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.”  Tex. Civ. Prac. & Rem. Code Ann. §154.023(a).

2.         The purpose of mediation is to resolve disputes by mutual agreement.        

3.         The mediator is an impartial person who does not represent any side to the dispute.

4.         The mediator facilitates communication between the parties.  Settlement negotiation is very difficult to maintain, and easily breaks down.  The mediator ensures that the communication continues and creates momentum for resolution. 

5.         “In mediation, the mediator assists the parties in their communications, helps them identify key issues and underlying interests, and encourages them to explore and evaluate settlement options.  The parties retain all decision-making authority, and the responsibility for reaching resolution rests with the parties and not with the mediator.”  Texas Rules of Ethics for Mediations and Mediators; Report of The Advisory Committee on Court Annexed Mediations ( March 18, 1998).

6.         “A mediator may not impose his own judgment on the issues for that of the parties.”  Tex. Civ. Prac. & Rem. Code Ann. §154.023(b).

7.         Mediation is an opportunity for the parties to design the outcome of a dispute, and to enable all parties to walk away feeling like they have benefitted from the process.

What are the Benefits of Mediation?

Mediation is time efficient.  Disputes can be resolved more quickly than taking a dispute to trial.

Mediation is cost effective.  Mediation is far less expensive than taking a case to trial.

In mediation, as opposed to trial, you control the outcome.

The mediation process provides the opportunity to preserves or rebuild relationships relationships that have damaged.