Frequently Asked Questions About Mediation

WHAT IS MEDIATION?
Mediation is a method of resolving disputes. The dispute can be legal, business, civil or family matters. Mediation provides an inexpensive, cost effective alternative to litigation. If both parties agree, mediation can be binding and legal.

WHY USE MEDIATION?
The judicial system focuses on the adversarial nature of disputes, mediation attempts to resolve disputes peacefully, through communication and mutual satisfaction. Mediation is first and foremost a constructive instead of a destructive process because it allows the participants to avoid the embarrassment of a lawsuit and court appearance.

WHO IS A MEDIATOR?
Mediators are trained, objective third parties with no interest in the outcome of the mediation. They do not represent either party. A mediator is a neutral party who facilitates communication in a confidential atmosphere.

WHEN TO USE MEDIATION?
Mediation is appropriate for resolving disputes as well as preventing them. Mediation is often used to address changing factors or circumstances.

1. Civil disputes

2. Alternative to litigation

3. Business, Contract disputes

4. Business, Contract negotiations

5. Insurance disputes

6. Other general disputes, etc.
    

HOW MEDIATION WORKS?
Mediation, unlike court settlements, do not force parties into what may be a mutually unsatisfying situation. Instead, mediation seeks to find solutions agreeable to all parties involved by:

• Defining the problem, to quickly identify the core issues

• Clarifying misconceptions, to separate feelings/emotions from the issues

• Establishing the facts, not opinions to clarify the problem

• Finding common grounds for resolution by identifying shared concerns and interest

• Working with only the possible to resolve the issues faster

• Listening to both parties to fully understand the issues to create a win/win resolution

• Preserving relationships while resolving issues

• Addressing one problem at a time to allow us to resolve major conflicts

WHO BECOMES A MEDIATOR?
Although training alone does not make a good mediator, it is an important factor in the acquisition of mediation skills. Other factors are work or life experiences in dealing with conflicts. People who acquire mediator training are often attorneys, mental health professionals, and individuals with a wide variety of life experiences with schools, family, churches, and friends who may have a particular aptitude for listening and assisting people to resolve conflicts.

WHAT IS REQUIRED TO BE A MEDIATOR?
A State of Texas Statute requires only a 40 classroom hour training to be allowed to mediate court-appointed cases in Texas, with 24 additional classroom hours if people want to mediate cases involving the parent-child relationship (usually that means divorces).