Mediation is an effective alternative dispute resolution method by which parties to a legal dispute agree to hire a neutral third party to serve as the mediator. The mediator's role is to learn the facts of the case and arguments of all parties, to promote communication between the parties, and to facilitate the parties with respect to formulating a potential settlement of the legal dispute. The mediator remains neutral and should not provide legal advice to the parties.
With respect to almost every civil lawsuit filed in State Courts in Texas, Judges will order the attorneys and the parties to mediation prior to trial. However, the process is non-binding, meaning that you may choose to settle your case, or alternatively, you may choose not to settle your case and proceed with your case in Court. No one can force you to settle your case during mediation.
Whether your legal dispute involves a civil lawsuit, a dispute in which a lawsuit has yet to be filed, and whether or not you have an attorney or are representing yourself, mediation can be used to attempt to resolve the dispute with the opposing party.
Goals of Mediation
The purpose of mediation is to provide the parties with a safe setting in which settlement negotiations can take place and in which a neutral third party mediator can assist the parties in exploring and facilitating potential settlement. The mediator should ensure that the parties mediate in good faith, meaning that each party agrees to engage and participate in the process.
An effective mediator should accomplish the following:
• Preparation - properly prepare for the mediation by reviewing all information provided to the mediator by the parties concerning the case;
• Neutrality - remain neutral at all times;
• No legal advice - refrain from providing legal advice to the parties;
• Understanding - ensure that all parties know and understand the process and rules of mediation;
• Communication - facilitate communication and settlement negotiations between the parties; and
• Settlement Agreement - Draft a quality Mediated Settlement Agreement incorporating all terms of the settlement in accordance with the parties' instructions.
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