A key to successful mediation: hiring the right mediator

If your legal dispute involves a personal injury case, a wrongful death case, an insurance claim, family law, divorce, child custody, or a child support case, you should seriously consider Mediation to try to resolve your legal dispute at through the deal. If you have an attorney to represent you, mediation will likely be discussed during the processing of your case. You should take a leadership role in assisting your attorney during the process of selecting a qualified and experienced mediator to optimize your chances of successfully resolving your legal dispute.

Definition of mediation

Mediation is an effective alternative method of dispute resolution whereby the parties to a legal dispute agree to hire a neutral third party to act as mediator. The role of the mediator is to know the facts of the case and the arguments of all the parties, promote communication between the parties and facilitate the parties regarding the formulation of a possible solution to the legal dispute. The mediator remains neutral and must not provide legal advice to the parties.

With respect to nearly all civil lawsuits filed in Texas state courts, the judges will order the attorneys and the parties to intervene before the trial. However, the process is not binding, which means that you can choose to resolve your case, or alternatively, you can choose not to resolve your case and continue your case in court. No one can compel you to resolve your case during mediation.

Whether your legal dispute involves a civil lawsuit, a dispute in which a lawsuit has not yet been filed, and whether or not you have an attorney or are representing yourself, mediation can be used to try to resolve the dispute with the opposite party.

Mediation goals

The purpose of mediation is to provide the parties with a secure environment in which settlement negotiations can take place and in which a neutral mediator can assist the parties to explore and facilitate the possible solution. The mediator must ensure that the parties mediate in good faith, which means that each party agrees to participate and participate in the process.

An effective mediator must accomplish the following:

Preparation: adequately prepare for mediation by reviewing all the information provided to the mediator by the parties about the case;
Neutrality: remain neutral at all times;
Without legal advice: refrain from providing legal advice to the parties;
Comprehension – Make sure that all parties know and understand the mediation process and rules;
Communication: facilitate communication and negotiation of agreements between the parties; and
Settlement Agreement: Write a quality Mediated Settlement Agreement that incorporates all the terms of the settlement according to the parties’ instructions.
Advantages of mediation

The advantages of mediation are numerous and include the following:

Cost savings: End the need to continue with costly attorney fees, expert expenses, and litigation costs;
Risk avoidance: Decreases the risks to the parties in which the parties choose and formulate the terms of the agreement, rather than leaving the decision regarding the legal dispute to a judge and jury;
Time-saving – You can resolve the legal dispute in a one-day mediation session, rather than ongoing litigation that can take many months or even years.
In family law cases, divorce mediation is especially beneficial for parents with children who need to learn to negotiate and resolve disputes between themselves in the best interests of the children.

Hiring a quality mediator

Hiring the right mediator for your case optimizes the potential for settling your legal dispute. When choosing and hiring a quality mediator for you, you should know the background and experience of the potential mediator and consider the following:

Is the mediator a licensed attorney who has handled cases similar to your legal dispute?
What type of training does the mediator have?
What kind of reputation does the mediator have regarding his peers?
Some quality mediators are not attorneys, and not all mediations require the mediator to be an attorney to successfully resolve the case; however, it is often helpful to hire a mediator who is an attorney and who has handled legal cases similar to the parties’ case. The benefit of hiring an attorney as your mediator is that the attorney has knowledge and experience regarding the law and what may or may not happen regarding legal decisions and decisions that may affect your case.