The law of the State of Texas (in Section 154.023 of the Civil Practice & Remedies Code) provides a good definition of MEDIATION:
"(a) Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.
(b) A mediator may not impose his own judgment on the issues for that of the parties."
There are two types of mediators in general:
The mediator who facilitates communication between parties without imposing their own judgment on the issues. The mediation occurs in one room where the parties talk to each other directly.
The mediator who mostly facilitates the mediation in two separate rooms where the parties do not communicate with each other directly. They advice individuals what they should do to settle their dispute.
The mediator does not have to be an attorney as mediators are prohibited from giving legal advice in the mediation to either one of the disputing parties.
The main purpose of the mediator is to help the disputing parties feel empowered so they can find their own solutions to their problems.
A mediator should be comfortable to deal with emotions. Generally speaking, people have to get past their emotions and feelings before they are ready to negotiate in a more business-like manner.
The purpose of the mediation is for the disputing parties to be more in control of their own destiny. The point is to avoid having an authority figure (like a Judge or an Attorney) deciding your future for others with no saying in the outcome.
When people create their own agreements, there is less need for expensive enforcement lawsuits in the future because they are more likely to abide their own mediated agreement than an enforced contract.
"A good test question for a mediator is: Will the mediator allow the parties to talk to each other in the same room during the mediation? If the answer is "no" then that mediator is probably not comfortable helping emotional people work out their own deal!"
~ Mark W. Batchelder (Attorney at Law)
Mediation sessions are currently ONLY available on WEEKENDS
E-mail: info@komeiner.com
Phone: 512.550.9551
