The Mediation Process
Mediation is a process in which two or more people involved in a dispute meet in a private, confidential setting, and with the help of a neutral person (Mediator) explore issues and generate options which lead to the creation of solutions that work for all parties. Mediators do not make judgments, express opinions or give legal advice. Instead, they facilitate communication so the parties can find a solution of their own.
Mediation is a forward-looking process in that it encourages the participants to focus on their current and future needs and interests rather than focusing on fault and blame for past actions. The decision-making power in mediation lies with the parties, not with the Mediator. Mediation is not a substitute for legal advice or representation.
DRP Provides Dispute Resolution Services on a wide variety of issues and types of disputes, such as:
Mediators who work with the DRP professionals from the community who meet requirements set forth by the Texas Legislature to be eligible to mediate in Texas. Each mediator has specialized training in mediation and negotiation techniques. More than that, the DRP has a diverse group of mediators, who each have their own style, knowledge and background which increases the potential for agreement.
The DRP adheres to standards set by the Texas State Legislation for training requirements in addition to standards of practice and ethics set forth by the State Bar of Texas, the Texas Mediator Credentialing Association, the Texas Association of Mediators, and the Texas Mediation Trainers Roundtable.
How Does Mediation Benefit the Parties In a Conflict?
How Does the Mediator Help?
In mediation, a mediator guides participants through difficult conversations, providing a safe environment to discuss their conflict. The mediator will:
What Do I Lose if I try Mediation?
The simple answer is almost nothing. If an acceptable settlement agreement is not reached through mediation, the parties (and their attorneys) will have expended a minimum amount of time and money. If the parties cannot reach a settlement, they still have the option of seeking other legal remedies. You do not lose any of your options by participating in mediation. Further, the success or failure of a mediation session cannot always be measured solely by whether or not the parties "settle" their case. Rather, if significant progress is made, if issues are limited, if either, or both parties gain a more realistic view of the situation, then the mediation process has been successful.
How does the DRP secure qualified mediators?
The DRP relies heavily on the assistance of skilled, qualified mediators. Our experienced mediators have obtained their 40-hour introductory certificate and most have completed additional training as needed to become skilled that their craft. The DRP keeps records of all mediators as they are added to our directory of participating mediators. Mediators interested in joining this growing list, should complete the Mediator Application or contact the DRP at 817-884-2257 or firstname.lastname@example.org for further information.
Where are the mediation sessions held?
The DRP will secure rooms in the County courthouse or other buildings we have made arrangements with and will let you know the location when the mediation is scheduled. Virtual mediations via Zoom are also available.
When are the sessions held?
Mediation sessions are scheduled for either a ½ day session for up to four hours. Mediation sessions are normally scheduled at 9:00 a.m. or 1:00 p.m.
How are mediators selected for cases?
Mediators are selected according to the mediator’s area of expertise, availability, and position in the DRP rotation.
Is there a rescheduling or cancellation policy?
The DRP reschedules cases if we are notified in a timely manner. A confirmation email is sent prior to your session for this very reason. If your mediation has to be rescheduled, please contact the DRP at 817-884-2257.
In consideration of their time and that of all parties concerned, please notify DRP at least 48 hours in advance if you are unable to attend the session.
What if we don’t reach an agreement?
If no agreement is reached, parties with court cases have the option of pursuing the remedy in court. In court cases, a Mediation Status Report will be sent to the Courts advising the result of mediation (settled or not settled) so the court can schedule a trial or hearing. Discussions during mediation are considered confidential and cannot be used against you in court.
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