Understanding Mediation: What It Means for Your Case
In this episode of Disclosure Live, our attorneys break down mediation and what it can mean for your case. Mediation comes up often in personal injury and family law, so knowing how the process works can help you feel prepared if your case heads in that direction.
Mediation is a process for resolving a dispute without going in front of a judge and jury. You do not need a lawsuit on file to mediate. In many situations, parties reach an agreement before litigation ever begins. The process is also confidential, which means what you share during mediation cannot be used against you in court.
In Texas, most cases are required to attempt mediation as a form of alternative dispute resolution. It saves time, money, and effort, and it gives you a real say in the outcome. If you do not want to mediate, you have to ask the judge for permission.
At mediation, each party usually sits in a separate room with their attorney while a neutral mediator moves between the rooms to work toward a resolution. One of the biggest advantages is control. In a jury trial, six or twelve jurors decide the result. In mediation, you decide whether to accept an offer.
Preparation is a large part of what we do. We review the strong and the weak points of your case, walk through any prior settlement offers, and organize the evidence so everything is available when it matters. In family law, we also help you think through your best-case scenario, your worst-case scenario, and what you can live with.
If both sides reach an agreement, they sign a Mediated Settlement Agreement. This is a binding contract, and it cannot be undone once signed. That is why we take the time to review every term with you before anything is finalized.
We also choose mediators who know the specific area of law your case involves, since personal injury and family law rarely cross over. At the end of the day, the decision to accept or reject an offer is always yours. We advise you every step of the way, but the choice is yours to make.