Getting from Point A to Settlement: What is the Mediation Process?

You’ve just been informed by your attorney or the court that you are set for mediation. What does that mean for you? What is the process for mediation? Is there even a set process for mediation?

Mediation means something different to every party involved in a lawsuit, but mediation as a part of the legal system offers every party in a lawsuit the opportunity to craft their own settlement rather than having a judge or jury determine their fate. Each mediation will have its own unique flow and personality based on the type of case being mediated, but in general there are 6 steps to a formal mediation.

1. Introductory Remarks: The mediator takes the opportunity to introduce themselves to the parties and introduce the parties and respective legal counsel to one another. It is possible that the parties and/or their legal counsel may have never met in person until the day of mediation. The mediator will also take the opportunity to explain their role in reaching a settlement and the rules for the mediation. Many times, especially in Texas and in family law cases, the mediator will then separate the parties.
2. Statement of the Issues: The mediator will give each party the opportunity to state their case, uninterrupted, to both the mediator and the other party. Either the lawyer for the party or the party themselves will make this statement.
3. Information Gathering: The mediator will ask the parties questions about the case and settlement issues.
4. Problem Identification: This can be done as part of the Information Gathering segment or separate depending on the mediator, type of case and the parties.
5. Generating Options: The mediator will work with each party to develop settlement options and discuss the viability of those options. These options are then merged into the final step of mediation—
6. Reaching an Agreement.

 

Other than the Introductory Remarks, the steps in the mediation process are very fluid and in most cases will overlap one another. Mediators develop their own personal style of working through these steps and their personality will influence how they handle each of the steps. There may be times that you feel that the mediator is simply chatting with you, but in reality the mediator is most likely trying to determine what your temperament and personality are by learning more about you as an individual. Knowing a party’s personality and temperament help the mediator develop a strategy to get to the last step of mediation-- agreement. 

 

If you need a mediator to mediate your case, contact Cynthia Palmer at The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.

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