Business and Bankruptcy Related Mediation law firm in travis county
In a trial or arbitration, each side presents their case in a very structured environment and a decision is handed down by a judge or arbitrator. The parties are bound by that decision whether they agree with it or not.
In a mediation, all parties have to agree to any final settlement decision. No decision is imposed by a third party. Instead, a neutral third party meets with the two sides and their attorneys – either all together or separately - to hear their positions and views of the situation. He tries to facilitate communication between the parties and may move back and forth between the sides - pointing out weaknesses or problems that might affect their ability to win in court, discussing the amount of damages they think they might win and assisting the parties in developing possible compromises. The mediator cannot reveal what one party says to him with out that party’s consent. Over the course of a few hours or a day, he tries to help the parties move closer and closer to a settlement acceptable to them all. If the parties finally agree to a settlement, it is documented and will then be binding on them. If they cannot agree, then they go back to court to fight it out.
With Covid, mediations may be done in person or via Zoom. The mediator can move back and forth between the parties in separate Zoom “rooms.”
Contact us to discuss whether mediation may be an appropriate alternative for you.