GREAT ARTICLE FROM WWW.MEDIATION.COM
3 Simple Truths about Mediation
Mediation is a process that has led to the successful resolution of a number of different types of cases, including partner disputes, divorce cases, custody issues, intellectual property claims, personal injury cases, multi-jurisdictional tort issues and even some criminal cases.
1. Mediation Can Benefit Both Parties
When mediation is handled properly, it can be an excellent process. Mediation is confidential, so even if the parties do not reach a settlement, they cannot disclose what was said in court. It is also a non-adversarial approach to legal problems in which the participants cooperate to resolve their legal dispute on their own terms. This allows mediation to resolve many disputes faster, cheaper and more amicably than litigation.
2. Mediation Takes Some Time
Participants cannot be in a hurry. The legal issues involved in mediation are often complex with the potential to impact lives for a long time to come. It takes time for the mediator to determine the interests of the parties and to work out potential solutions to these issues. The parties must be prepared to negotiate in an ongoing manner.
3. Not All Attorneys Support Mediation
Not all attorneys support the role of mediation. A seasoned litigator may rely on his or her own skills to try to get the outcome the client wants and may find little need for a mediator. However, mediation can often help both parties achieve positive results and develop solutions that litigation could not provide. Talk to your attorney early in the process to see if he or she supports mediation.
For info on mediation I'd look at the following websites:
Texas Association of Mediators
Texas Mediator Credentialing Association
Association of Attorney-Mediators
Academy of Professional Family Mediators
Association of Conflict Resolution - Houston Chapter
Association of Family & Conciliation Courts