1. The mediation process is voluntary. By selecting mediation, the participants recognize the potential benefit of having their matter reach a negotiated settlement.
2. The mediation process is private. Only the participants, their representatives and their attorneys will be participating in the mediation process.
3. The contents of the mediation are confidential. There will be no record of what is discussed and the issues that are discussed cannot and will not be disclosed to anyone who is not participating in the mediation. There are very few exceptions to the confidentiality and they are outlined in the Texas Civil Practices and Remedies Code.
4. Mediation is informal. There are no records made or kept and there is no ruling on the merits of the participants legal positions.
5. My role is that of an impartial, neutral third party whose only job and goal is to facilitate the process whereby the participants can reach a fair settlement of their own accord to the disputed matter.
1. Each participant will be given the opportunity to give their opening statement outlining the issues as they see them.
2. After the opening statements, each participant will go into separate rooms. I will visit with each participant individually and get more specifics as to their position.
3. After I visit with each participant, I will then start the process of trying to help facilitate a solution that will satisfy each participant’s needs.
4. There may be many back and forths between the participants, but that is the process of fruitful communication.
5. Hopefully, by the end of the mediation session, a negotiated fair settlement for the participants can be reached and get reduced to a written agreement.
6. If the mediation is not successful, I will offer a free two hour follow up session at a later date to try and reach an agreement after the participants have had time to thoughtfully consider their positions and evaluate the potential offers.
To facilitate a successful mediation, I help provide the building blocks for successful communications and understandings needed to reach a resolution. In my function as mediator, I will:
1. Take the role of a neutral third party, facilitating communication and assisting the participants to work out a mutually acceptable resolution.
2. Not decide the outcome, but help the participants understand and focus on the important issues needed to reach a resolution.
2. Promote constructive communication between the participants.
3. Provide appropriate evaluations and help craft workable solutions that meets the participants needs and goals.
4. Empower the participants to consider unique options and to help develop fair outcomes.
5. Encourage self-determination of the participants.
6. By offering options for considerations, stimulating new perspectives, and offering reference points for consideration, I serves as a stimulant for the participants reaching an agreement.