Mediation is a process where a neutral third party help parties in conflicts reach a settlement without the further stress and expense of litigation costs. The "mediator" is a neutral person, trained and skilled at facilitating communications, negotiations and dispute resolution.
A mediator does not hear evidence nor make a decision for the parties. A mediator works will all parties to find a solution that is acceptable to all parties. Mediation does not end in a "winner-take-all" / "loser-take-nothing" decision. Mediation ends when all parties find a solution all parties can live with; a mutually acceptable resolution.
There are many advantages to mediation. Mediation offers high probability that the dispute can be resolved without extensive discovery, the trial preparation and trial itself.
These cost savings can be measured in terms of money, time and emotional investment in the case. Further, mediation can bring settlement negotiations and/or final resolutions about much quicker than if the case proceeds to trial.
Mediation is appropriate at any time after all sides have obtained enough information for them to be able to feel comfortable settling the case. In most instances, parties want to resolve the case at the earliest possible time. Mediation offers a process in which this result can be obtained.
When the parties are involved in the decision making process, as they are in mediation, the parties can craft settlement options that they may not be able to get from a Judge or Jury. With the help of the mediator, the parties can be creative in designing a solution that satisfies the needs of all parties.
Mediation is a confidential process and information exchanged in the course of settlement negotiations is not admissible at trial. Therefore neither party is prejudiced by the discussions with the Mediator. Additionally, should a case fail to settle during mediation, the case can still go to Court.
I have experience mediating cases involving family law, divorce, child custody, child support, probate, employment law, and property tax issues. In fact, I am a Credentialed Mediator from the Texas Mediation Credentialing Association.