More on Mediation

To read the law relating to Alternative Dispute Resolutions see...

TEXAS CIVIL PRACTICE & REMEDIES CODE
CHAPTER 154. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES

To read the ethical guidelines followed by the state's mediators see...

ETHICAL GUIDELINES FOR MEDIATORS
from The State Bar of Texas Alternative Dispute Resolution Section

Essentially, these documents set the stage for your benefit. They require that mediators be trained in appropriate communication techniques to help both sides speak, and listen, to the other. They are required to remain impartial and if they can't, they must excuse themself from the case. They are not allowed to testify in court for either side and must maintain total confidentiality at all times. Their sole purpose is to help the disputants come to an agreement which resolves their conflict. They may offer suggestions, but they do not order anything.

Mediations may take place with each party in separate rooms and the mediator moving bto speak with each party without divulging any confidential information. Mediations may also take place with the parties in the same room with the mediator maintaining a peaceful, cooperative, open environment, at least as far as the participants allow or agree.

Please see our Rules For Mediation to find out more specifics about our procedures and your protections.

What is the difference between mediation and arbitration?

In arbitration, an arbitrator makes a decision based on the substantiated facts in the case. In mediation, the parties themselves determine the outcome.

We've tried talking before; it's useless.
What's the difference, he's broken other agreements?
What if I don't want to talk and just want to go to court?

Frustration and strong emotions make conflict difficult to resolve. Mediators are specifically trained to facilitate communication so everyone is heard and understood. When people are allowed to express themselves and feel heard the underlying tension is released and productive discussion of the essential elements can take place. In this way clear understanding of the real issues lead to mutually satisfactory resolutions. Judges and Arbitrators must shut out all extraneous information and emotions and stick to just the relevant facts then decide for the participants which often alienates one side, if not both, which can lead to noncompliance. Mediators help participants create specific, realistic, actionable agreements, perhaps with terms for noncompliance, that both parties willingly choose. This is the key to following through. Since disputants come to agreement on their own in their own way they're more likely to comply with the terms they've decided for themselves.

Are mediation agreements legally binding? if approved by court

If an agreement is put into print, stated as such, and signed it becomes a contract. An attorney's review is wise to ensure it is legally enforceable, but as with any contract, honoring it is a personal choice. This "contract" can be used as evidence if you do go to court over the mediated agreement. The Judge will decide penalties, if any, for the dishonoring party. The value in mediation is that the disputing parties are more likely, nearly 75%, to honor their agreement because they cooperatively designed it. This commitment applies particularly when there is a continuing, business or personal, relationship. Even when agreement can't be reached, the parties obtain a clearer understanding of the issues and what options are available.

Call or contact us for more information or to get started on your dispute resolution.