Yes, we offer free 30 minute consultations to all potential clients. Contact us today to schedule your consultation.

Mediation is a confidential process used to resolve conflicts in an amicable manner. An impartial mediator directs the process and facilitates the communication between the parties in an effort to explore solutions and obtain a mutually satisfactory agreement.

You, the client, are the major participant in the mediation. The goal is to have the parties come to a compromise agreement.  Nobody is going to tell you what to do — not your lawyer and not the mediator.

So think about your case and make sure you have worked with your attorney in advance. Be prepared with the facts and documentation that may be helpful in arriving at an agreement.  Also review the forms that will be required of you. They are Available On This Web Site and you should carefully review the ones relevant to your type of case before you come to the mediation.

Firstly, I will do everything within my power to help you — the litigant — to become comfortable with the idea that you are in a safe environment. I am neutral and will remain so during the entire process.  What goes on in mediation stays in mediation except for the final agreement. Additionally, I will hold in confidence everything you tell me in private meetings.

Secondly, I have prepared a Mediation Client Prep Checklist that you may find helpful in getting ready to work through the mediation session.

Before going into mediation, you can prepare for the session. You can get advice from someone you trust, possibly a lawyer, about your goals, what you are willing to compromise on, and what you are not. You will want to bring all relevant materials you have to show the mediator that will help you communicate what you want.

I may initially meet with each side separately. That may be helpful to get acquainted, determine what additional information I need, or just discuss your concerns. You will be asked to sign an Agreement To Mediate and fee arrangments will be settled if not already taken care of. NOTE: typically we send the Agreement to Mediate to you by email for your electronic signature and an invoice will be sent to you or your attorney as you may prefer.

We may move to a joint conference, and sometimes will start in a joint conference where you may expect to have the opportunity to tell your story in an uninterrupted and respectful manner. Each side will have this opportunity and you will be encouraged to listen carefully when the other side speaks. I will work with the sides to understand their respective issues, to explore possible zones of agreement, and to test varying modes of settlement

The court may set a reasonable fee for services of your mediator, unless both parties agree to a method of payment with the mediator. 

Texas Civil Practice and Remedies Code 154.054.

Most civil cases can be brought to mediation. This includes family law cases, landlord tenant cases, probate cases, consumer protection cases, etc. If reconciliation is a possibility, the courts encourage mediation before you file a lawsuit.

Texas Civil Practice and Remedies Code 154.002.

Mediation occurs in a less formal setting than court and can save time and money if you and the other party can reach an agreement through this process. In most cases, mediation can provide a legally enforceable outcome, if agreed by the parties, similar to going to court. 

A judge may order mediation in a probate case if they believe negotiation is possible and may help resolve the dispute. This can be an alternative to proceeding in probate court.

Generally, you will want to follow all court requirements  However, within 10 days of receiving notice of an order of referral for mediation, you can file a written objection to the mediation requirement. If the court finds there are reasonable grounds for your objection, the court will not require you to attend mediation. 

Texas Civil Practice and Remedies Code 154.022.

Mediation can be helpful when both people have equal power. Both people must be able to say what they want without being afraid or pressured.

Threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, mediation probably won’t work very well.

Mediation might be even more of a problem in a divorce or custody case if the other parent abused you and you don’t have a lawyer. You can object to mediation under those circumstances.

Yes. If both parties agree in writing, or by order of the court, the court may refer a divorce case to mediation. Texas Family Code 6.602(a).

A mediated settlement agreement for a divorce is binding if both parties agreethat it will be binding. The agreement must: 

1. state, in bold typeface, capital letters, or underlined, that the agreement is not subject to revocation,
2. be signed by both parties, and
3. be signed by the party’s attorney, if any, who is present at the time the parties signed the agreement. 

Texas Family Code 6.602(b).

Yes, disputes about wills can go to mediation. For example, if the children of a deceased person challenge a gift left to a survivor in a will, that scenario could go to mediation. Issues regarding wills and estates are generally settled in probate court. Still, mediation can be an alternative option if the other party is willing to negotiate or if the judge believes negotiation is possible.

Texas policy promotes the peaceful resolution of disputes to resolve pending litigation by using methods such as mediation and voluntary settlement procedures. See Texas Civil Practice and Remedies Code 154.002.