We are credentialed mediators for all types of mediations including family mediation.
Call 832-983-3513 for a credentialed mediator for all types of mediation, including family mediation.
Welcome
Thank you for visiting our website. We are credentialed mediators and are available for evening and weekend mediations. For other mediation options please contact us on 832-983-3513.
Mediation Dispute Resolution
DISPUTE RESOLUTION OPTIONS
Despite the energy and good will spent trying to fix problems that arise when communications breakdown between people or companies, sometimes people feel their only way of getting justice or peace of mind, is to go to court. This can end up being a lengthy and timely process as well as very costly. There is no guarantee that the judge will rule in your favor or you might end up losing more than you bargained for.
Other options without having to go to court and having a judge decide your fate is mediation or arbitration. Mediators and Arbitrators are neutral third parties formally trained in conflict resolution techniques that enable parties in a dispute to discuss the issues more constructively and assist them to create solutions that both can agree on. The process is voluntary, confidential, and the end agreement is legally binding and private, unlike court rulings.
WHAT IS MEDIATION
Mediation is a voluntary process, whereby two or more parties come together in good faith to resolve their differences with the help of a neutral third person, the mediator.
The mediator to assists the parties to communicate effectively with one another, facilitate understanding and enable the parties to create a mutual solution which is then put in writing and legally binding. The mediator remains neutral, impartial and at no time offers solutions or take sides. The process is confidential. Discussions during the mediation process are considered private and confidential and cannot be disclosed or used in court without both parties consent.
WHY CHOOSE MEDIATION?
Mediation as per the American Bar Association is a voluntary private process using a neutral third party, a mediator, to assist parties to discuss and try to resolve their dispute.
Over the past few decades mediation has now become the first step in dispute resolution before going to court. Judges are sending more cases to mediation as pending court cases are severely backlogged.
Mediation is frequently mandated from the courts especially as it leads to improved communications and healing between families/parties in the long term.
As trained mediators in dispute resolution we assist you to
· better understand the issues that divide you/you agree upon
· feel heard (enable each to look at what it is like to be in the others shoes)
· create solutions that work for both of you mutually
· create your own legally binding agreement if required
The parties get to
· choose the mediator as well as where and when to mediate
· have a say in what to discuss and what the outcome should be
· share your thoughts and feelings in a confidential setting
· create your own solution without any interference from the mediator
· have a confidential agreement that no one can be compelled to testify about later in court
· save time and excessive costs of not going to court mediation dispute resolution
Mediation Process
Who requests mediation
Mediation may be ordered by the courts, required as per contractual clause to resolve worker/business disputes, recommended by your lawyer to avoid going to court or requested to aide two disputing parties (with or without lawyers) to resolve a conflict.
Prior to mediation
Whether you are represented by a lawyer or not, you will receive information about the mediation process, what to expect and how to prepare yourself for an effective conversations and meeting. In order to remain neutral, the mediator will not discuss issues relating to the case until both parties have come together. Both parties are required to sign an Agreement to Mediate and Confidentiality Agreement before coming to mediation. Mediations can be conducted online or in person at a mutually agreed location.
Types of mediation
Most mediations are conducted over half a day (4 hours) or a full day usually 8 hours long. Should more time be required, the time can be extended if suitable or rescheduled to another day, however this will incur additional costs for both parties.
Some mediations like family mediation may take place over several days.
Day of Mediation
Please ensure you have allocated enough time without interruptions or commitments for the duration of the mediation. Only persons relevant to the case should be present. As the process is confidential, all cell phones or recording devices are to be turned off. If meeting in person, light refreshments will be available and meals are provide for full day mediations.
Mediation Process
- The mediator will give an opening statement reviewing the Agreement to Mediate and Confidentiality Agreement and explain the mediation process and role each person plays.
- The parties will then be invited to give their own opening statement explaining why they are there today and what they hope to achieve.
- As the mediation is a voluntary and confidential process, it is important that both parties come together in the spirit of good faith, be open and honest about their concerns and to trust the mediation process.
- The mediator will facilitate both parties to explore the issues that divide them and what they have in common. If needed, the mediator will assist both parties to use active listening and reframing techniques to encourage constructive conversations.
- Once the issues and concerns have been identified, the mediator will assist the parties to use brainstorming techniques to find opportunities towards a mutual workable solution.
- The final mutual solution is then written up in a Mediated Settlement Agreement (MSA) by the mediator. This agreement is the contains only what the parties agree to and how they plan to execute the agreement. The mediator does not give advice or provide solutions at any time during the mediation process. The MSA is a legally binding document.
- Mediation is a great process to have constructive conversations and find creative solutions to any dispute. Moreover, it allows the parties to feel heard and be in control creating a pathway to healing and more positive long term relationships.