Mediation is by far the best way to reach a mutually beneficial and amicable resolution to any dispute. Civil and Commercial Mediation of Texas (CCMT) located in the metropolitan Houston and Galveston area, can provide alternative dispute resolution (ADR) solutions throughout the State of Texas. We have more than forty (40) years’ experience in the US and internationally working with national, regional and local governments and private businesses to devise mediation and arbitration solutions to help organizations resolve disputes and conflict. CCMT provides mediation services for both individuals and businesses. We have the legal and technical expertise to help you reach a final and sustainable solution to the mutual benefit of both parties without going to court.
Mediation is a process by which an impartial person, the Mediator, facilitates communication between parties to a dispute to promote reconciliation, settlement and understanding between them. The Mediator, while suggesting ways of resolving the dispute, does not impose his/her judgment on the issues. The final decision is left up to the parties.
We are committed to helping parties quickly resolve their dispute to save the time, costs and hassle of litigation. When parties work together this helps them to look forward to the future with confidence and certainty rather than having the dispute cause long term disruption or conflict in their work and lives or possibly having a court judgment made against one of them.
There are no hard and fast rules of procedure for the mediation process. The flexibility of the mediation process allows the mediator and the parties to find the most effective and efficient method to resolve the conflict.
The mediation process focuses on the future and what can be done to preserve long-term relationships. Participants will be urged to focus on the future.
The mediator is not a decision-maker. The mediator is an objective facilitator who will assist you in:
1. Deciding what the issues are
2. Exploring possible solutions
3. Deciding which solutions will work best
The mediator will ask questions and encourage you to gain as much knowledge about your situation as possible. The solution and outcome will be determined solely by the parties, not by the mediator.
(Information extracted from the University of Houston Training and Resource Guide)
Increasingly, courts are sending litigants to cost saving mediation before they enter into costly litigation. The court may select the mediator, attorneys frequently recommend a mediator and administrative bodies such as Houston’s Dispute Resolution Center (DRC) can provide pro bono mediators or you can select the mediator yourself. It has become very common for contracts to have a clause for parties to agree to mediation or arbitration.
Create a file (paper and/or digital) of all documents you think will support your case. Documentation will include receipts, copies of e-mails or letters between the parties and copies of contracts.
The mediator makes an opening statement describing his or her background and the role that will be played by the mediator during the mediation process. Both parties then make their opening statements to describe their version of the event that brought them to mediation. Usually the claimant makes their opening statement before the opposing party makes theirs.
Both parties as well as the mediator can take notes during mediation. However, the mediator’s notes are destroyed at the end of the mediation process to ensure confidentiality of the mediation process.
The goal of mediation is to create a legally binding Mediation Settlement Agreement (MSA) between the parties that is signed by the parties and the mediator. The parties are responsible for the wording of the MSA. While lawyers may be present during mediation, their presence is not a mediation requirement.
Mediation is a confidential win-win process based upon an amicable agreement between the parties who are guided by the mediator. Arbitration is a process that is decided by the arbitrator who has the authority to make an award to one party or the other. There can be a winner and a loser and if a court reporter is present, the decision can be publicly available.
It is a good idea to have a preliminary mediation conference in order to select a date for mediation, discuss the materials you will bring to the mediation meeting and make payment arrangements for the mediator’s services.
Yes, if the wording of the MSA is created by the parties and signed by the parties and the mediator.
Both parties then engage in litigation.
Call or write us today and let us help you get started on your mediation journey.
civil & commercial mediation of texas
6341 Stewart rd #173, galveston, texas, 77551,usa
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