Mediation FAQs
What is mediation?
Mediation comprises an act of bringing two states, sides or parties in a dispute closer together toward agreement through alternative dispute resolution, a dialogue in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved. Mediation is completely confidential.
What kinds of disputes are commonly mediated?
Although this list is far from exhaustive, the following types of disputes are frequently submitted to mediation:
Workplace - Wrongful termination, Discrimination, Harassment, Grievances, Labor management
Public disputes - Environmental, Land disputes
General - Landlord-tenant, Homeowners associations, Builders, Contractors, Realtors, Homeowners, Contracts of any kind, Medical malpractice, Personal injury, Partnerships, Non-profit organizations, Faith communities, Victim-Offender
Your mediator think your mediator want to mediate – what's next?
In order to mediate, all parties must agree to participate. This can occur voluntarily or through a court order. If you have a court order, approach the other disputant(s) and ask whether your mediator is acceptable. If there is no court order, you may approach them about mediation yourself, or you can relate information about your dispute to your mediator and he will get the ball rolling. When everyone sits down, your mediator will explain the rules and how the mediation will progress. As to the former, you will be expected to maintain confidentiality, conduct yourself in a polite manner, and give a good-faith effort toward resolving your dispute. As to the latter, each party will be allowed to give an opening statement, and after that we will either discuss your issues as a group or split into separate groups, in which case your mediator will act as the go-between.
Is mediation confidential?
Mediation is a confidential process, meaning that your mediator and the parties to the mediation may not disclose any information or material growing out of the mediation without the expressed consent of the parties. In instances where a third party (e.g., a supervisor) expects to know the outcome of a mediation, your mediator will work with everyone involved to determine what and how information will be disclosed.
Do I need a lawyer?
Attorneys are usually unnecessary in your mediator' mediations. This is because the parties are trying to work together to solve their problem -- not trying to convince a judge or arbitrator of their point of view -- and because mediation rules are few and straightforward. That said, parties may bring a lawyer if they wish.
Will my mediator a lawyer?
Yes, your will be an attorney admitted to practice in Texas.
How should I dress?
Dress however you feel most comfortable. Your mediator will not judge you based on your attire.
May I bring a spouse, relative, or friend?
Generally, your mediator prefers that only the parties to the dispute and their representatives attend mediations. But this is not a hard-and-fast rule. Please ask your mediator beforehand if you wish to bring a guest.
What is the difference between mediation and arbitration?
Mediation and arbitration are both alternatives to litigation used to settle disputes. Mediation is a collaborative process in which two or more parties attempt to resolve their issues with a neutral third party facilitator. Arbitration is a process in which an arbitrator makes a final judgment as to who "wins" the case. Mediated agreements and arbitration decisions are binding.
What are the advantages of mediation over litigation?
Although not every case is right for mediation, people choose mediation over litigation because mediation is typically fair and neutral, inexpensive, confidential, creative, and it also fosters cooperation, maintains relationships, and improves communication.
What are the steps in a mediation?
Mediations generally follows the following framework: (1) mediator makes opening statement, (2) each party make uninterrupted opening statement, (3) parties break into separate groups for negotiation, (5) agreement is drafted and signed, and (6) parties reconvene for closing.
How can i be sure the mediation will be fair?
The parties to a mediation work their own solution to dispute. Unless everyone freely agree, there will be no final resolution. In addition, anyone may leave at anytime.
What if my dispute doesn't settle?
There is nothing to lose by mediating a dispute. If no agreement is reached, the parties may pursue their claims in court or elsewhere.
Can a mediator testify as a witness in court?
Mediators in Texas are prohibited by statute to testify in court cases. If asked – or even subpoenaed – your mediator will not testify, nor will any documents be turned over.
When is the best time to mediate?
Mediation is usually most beneficial early in a dispute, sometimes even before legal papers are filed, because it may prevent conflicts from growing. But mediation is an option at any time before a dispute is resolved.
Is mediation like counseling or therapy?
Mediation is neither counseling nor therapy, although it can be therapeutic in that mutually agreeable solutions are often reached. Mediation is a facilitated conversation between two or more disputants using the guidance of a trained, neutral third party.
What are the rules in a mediation?
In order for a mediation to work, parties must behave in a civilized manner. your mediator expects his disputants at a minimum to (1) refrain from interrupting and name calling, (2) be honest, and (3) keep and open mind.
Do I have to sign a waiver and consent agreement?
Yes. You must agree, among other things, to waive legal action against your mediator, refrain from using recording devices, and agree that your mediator will not be called upon to testify in a legal proceeding.
Please contact us at (512) 535-3329 if you have a question that is not covered above.
© 2009 Austin Mediation Group. All rights reserved. Disclaimer