so much Dallas offices opening oh yeah do we have today [Music] yes and find the mailbox we will do a live from the office once there at the yep that is Jennifer’s home be be here but I should do some stuff here but she’s kind of male and we have two offices in there other place it will be here Monday yep because I need Thursday we subscribe to box of style so my interesting things I would never purchased for myself exactly why are they for her okay it’s already been a little date only two so we’re talking about
mediation today no I don’t think we ever introduced your topic mediation there are so many different types of mediations that I know talked about going into the mediation what clients should do what any beer is and what they do there are many many haters a lot of people happy Friday Facebook thank you for joining us on disclose your live with brandy awesome ah you forgot your name my name but I’m brandy awesome met with a chef Patel and today we’re going to talk about mediation what is
mediation what does it mean for your case if you get that bar should you mediate all those questions the answer is yes but we’ll go through it a little more in detail so let’s cover a few fun topics straight to be nice the first one is national best friends day so go tell your best friend national best friends Dave go get him a bracelet I don’t know why those things look like apart you can break it and then one has a yes yes yes yes yes cheesy things so yeah go tell I’m a happy national best friends day go get
drinks with them and have lunch dinner whatever go hang out yep probably not you yeah not with your best friend please yeah okay unless your beer kids good one maybe okay moving on agnostic yeah baby uppity Daisy or oopsie Daisy I’ve always said oopsie Daisy day and it is a day set aside to encourage you to face the day positively and to get up warrant but gloriously gratefully and gleefully each morning so I’m gonna take this moment to talk about some issues that we’ve seen in the news suicide has come up twice
with celebrities in the past week Anthony Borden yeah and Kate Spade I love Kate Spade so I know that in a legal profession in and around legal profession suicide is a huge issue this area in this profession is very high stressed and there are a lot of type-a personalities absolutely and type-a personality and high stress and failure don’t go well together there’s a lot of instances of substance abuse and substance abuse or what lack of sleep actually increased suicidal thoughts so hopefully we can do a more in-depth
episode on suicide but I guess the most thing is reach out to someone you contact the suicide hotline number which I don’t have it memorized but put it in mcsally’s yeah it’s also on our Instagram stories page today also oh you can contact me you can contact any of us you got me we are happy to sit and chat and find a way for you to feel like you can make it at least one more day and or get you help yes we can’t you know can’t get anybody anything but we can’t help you put one
foot in front of the other into the place you need to be to get the help you yes said every life matters and yours matters also you are more important than the darkness that you fit so please remember that there are people out there that are willing to help and to walk you through it so give us a call yes all right so let’s go to some local news topics so the first one is Arlington firefighters will be hitting the streets again to collect money and this time it’s going to be for ALS the I can’t see em a new trophy
collaterals fluorosis disease and for muscular dystrophy association they’ve been doing this for back 60 years and they’re gonna continue that and you’ll see i’m opening there in the intersections holding a very nice being before some donation exactly so please donate it’ll be June 9 through June or xre June 7 through June 9th as yesterday through tomorrow just reach in finally change in your car and throw them yep and they’ll give you a stick okay so now for some interesting news
now as the first state rotten gold depository in the entire country so you’re telling me I can take all my gold that is apparently what you can put it there it was in Austin I’m gonna have to drive about four hours oh and there’s a 23 thousand square foot building operated by the Lone Star tangible assets the Texas Comptroller was the very first customer name on gold and you go online any US citizen can actually go online and set up an account to store your gold silver platinum and other
precious metals and they’re going to build another way a bigger one I’m not sure why we need something bigger than this 23,000 square foot depository I mean I guess it’s safe right I do know safety deposit box you can get insurance for it does this mean you don’t have to get insurance interest I don’t know the answer I don’t anticipate you know either theoretically so should you get interests no there are a lot of questions there but I assume that if you’re gonna put it into a state
facilities and take responsibility for it I measure anyway let’s go on we are going to talk about mediation as a personal injury attorney our clients go to mediation quite a bit and we think it’s important that this process is explained a little bit because we do it so frequently so let’s start with what it’s a process to an attempt to resolve your matter without having to do it in front of judge and jury it’s a sure thing type of matter yes so you get two so all right so mediation
you don’t have a case to meet you know you can mediate before even having to file a lawsuit any dispute yes so and this is something that you know we we assist with as a defective mediator were disputes that arise and without port filings or being my sort of clamor issue so you just essentially have two parties sometimes they come together in one room for opening statements not so much here in town county most the time you go to your separate rooms with your attorneys and one person who goes from room to
room and discuss this with the other person what other party walks yep and the process is confidential so absolutely it cannot be used in court anything related to the mediation if so but if you tell them you tell the mediator information and you say it’s okay to share they’ll have the information they just can’t say how they got exactly and if you give out information then they can go back and research and find with a set information and go about that way so the state of Texas believes in mediation yes and most
every case is required to mediate if you do not want to be neither you don’t feel like you can settle that you have to ask the judge for permission yes not me so alternative dispute resolution is kind of category that it falls under and it really saves time money costs effort absolutely so mediation is super important we believe in it yes I do I would say that a lot of our cases resolved prior to occasion and then a mediation it’s 5050 right as to whether they do actually you know because who gets to
talk about a little bit the client gets to decide whether they accept this exactly and that’s the sure thing I was discussing is that if there is an offer made and if it’s in the clients best interest and they’re they’re happy with the offer made then it’s a sure thing compared to a jury trial where you don’t know 12 or 6 people can decide one way or the other and you wouldn’t be able to then have a stake in it besides presenting your case that’s right so the client gets to be actively part of the
mediation they get to hear the evidence that is in support of their case which then gets them you know whether it’s dollar bills or whether it’s in common even tile has to be house property whatever yeah probate matters and anything so you get to have control over the outcome of your case exactly so a lot of people are encouraging so let’s talk about what we do to prepare so we’re doing the clients mercy the most important thing is for a client to understand the positive points of their case and the not so positive
points exactly so each case has good things and bad things if you get to the point of a mediation and the lawsuit has been filed there may be something questionable somewhere that we’re gonna need to talk about right yep and that’s what we do we bring them in first we have to prep separately as attorneys because you know the information were to share them the client we have to first know and gather and put it in the document so I generally prepare a mediation sheet I put all of the relevant information in there I think
everything that will help their case everything that will not hope there a second pros and cons section and share that information with them go over it if there have been any settlement negotiations done prior to this process I share that information with them they already have this information because every single time you get an offer in demand we we discuss this but it’s better to conclusively put everything in a document and then we sit down and go through it so you get it we go and put
all this information in a netbook and earnings have netbooks with kind of with all the information that they need so when go to mediation and we have a good journal notebook – anyway at the moment we’re back to the paper ones but we do have to Jurong notebooks so that we can flip through and see the pictures sharing or a link to pictures so we can talk about oh here’s the picture that would assure the mediator and the mediator has a good idea what we’re talking about sometimes the party on the other side
doesn’t have all the information and so having all that information available at our fingertips helps so let’s talk a little bit about family law and family law it’s important to bring the fine and talk about what your best-case scenario worst-case scenario and kind of what you’d be willing to live with both parties and aren’t going to get everything they want it just doesn’t happen and a divorce or a custody and a custody is that really about you isn’t the best interest of the child in a
divorce it’s going to be based on the marriage how long and all sorts of other factors what happened are you married and it makes the marriage and that sort of thing so it’s important for clients to think about that advance and we prepare for mediation really extensively yes because this is an opportunity and sometimes the best opportunity to resolve without many many hours and sometimes money expect preparing for trial trial can be and worse or custody it can be very traumatic for everyone
involved and expensive yes because there’s a lot of work we have to prep each person you have to we generally write all of our questions and it’s process yes and day’s worth of work and and then actually showing up and trying the matter which is eight hours on its own if it’s a full day trial which is going to be most of the time I cannot get a CI case under any hours no I cannot because there’s a lot of stopping starting it’s not just all the show up and do these three things that we have to do it’s let’s
show up then the judge has to say the things and the jury has to do their things and then it’s a whole yep to hold sometimes it’s the next day yeah if there is more than yeah it didn’t get more than one day yeah sure so and family law June has a lot of time but if you do a jury trial it’s going to be multiple the family law I don’t do family law mediations is over our family law mediations also how long are they four hours you can do eight hours I don’t know very many people that do two
hours unless there’s just one issue you’re meeting so a divorce has multiple issues like custody child support property there’s you know health concerns and benefits and hormone panelists so you just if you’ve resolved everything but stay who’s getting 401 K then that was this tank although yes it’s a lot of emotional mediation right hopefully though usually it’s been a few months since the separation and I main trigger factor happened to the mediation so hopefully impressions aren’t quite so
high but you do have to agree live kind of all of it and sometimes you find out things in mediation that you did not know before before it happens not as frequently in personal injury but I think it happens sometimes in the sense of you know something in the medical record that you didn’t know was there or that it was it’s a different set of record that the other side retreat to be a different form of you know gathering information learned all of that and eating with the emotions that come with
it in our law firm we have an online portal for our clients and when we get documents in I share them with clients the clients we share them or maybe they forget to go back and look or you know medical records could be like a hundred pages long notice but in there we’ve read them and we find things that are a little questionable or give us pause and so we’ll have a plan to review all the medical records at the mediation preparation liked and then we talked about so I’m so after mediation
generally if you do resolve every Asian you do a mediator so agree yes so what is that it’s an agreement between the parties and their attorneys that they agree to settle the case that whatever the terms come to an agreement with and is that in writing yes it’s always in writing and can you take it back no what you can’t it’s an agreement between two parties in writing it’s a contract at that point at the contract and we already let people know that you don’t get to take it back
this is a contract this is the end of the line if you agree to this that’s great yep but this is it so we want to make sure everybody knows that we do spend time going through that with everyone and the client has to sign them on their own also one thing we didn’t really talk about is the mediator we always select mediators that are knowledgeable about the area of law that we need yes so personal injury mediators are not the same family no and I don’t think the most of the personal injury mediators
that we go to do a lot of families out there doing yeah I don’t think so and I don’t know any family law mediators that I’ve gone to that do personal injury I do you know that a lot of the personal injury mediators do other areas of law yes because a lot of it kind of crosses over family law is kind of very specific and how we mean because it is high in emotion not that say that other areas aren’t but you know different issues there’s there’s an entire code so it’s different there is not a code for
personal injury they’re limited have that knowledge fired a lot of times they’re former judges they tend to do best in explaining things to the client because they come from a place of experience and how things are likely to go is that they can let the client know you can refuse this offer but this is what typically happens and so your chances are slim to none sometimes but we support our clients and their decisions we always advise them along the way right yes yes and at the end of the day it’s their decision whether they
want to accept or deny we offer me and we give them everything that they need to make that decision but unfortunately I cannot make the decision for you you have to make the decision on your own and stuff coming from you you got a sign on that piece of paper that says you’ve made this decision now I will support your decision then granny will support your decision absolutely but that decision has to come from you and we we don’t think it’s the best decision we do let you know yes absolutely because
sometimes we see people lose in the end and we don’t want that to happen because if you are and if we think you can get a better result that’s why I will definitely tell you that so we do zealously represent our clients and we do like them so what happens if you refuse to settle you can always negotiate your case later on but trial is where ultimately you’ll get a decision but in between your mediation and trial you can still continue to negotiate them out and still continue to quote unquote me but not
mediate with me here it almost come to an agreement at any point in time before the jury for it comes true that’s true you can’t or the Corvette’s trial yeah so I think that’s all the basics so sometimes the mediator yes this is the part where both parties cannot agree but they’re so close and neither wants to make that final leap to agree the mediator then we’ll do a proposal which will lay out the terms and if both and we’ll give each party we a week or two weeks or I don’t know how much time
they want to decide and let the mediator know and if both of the parties agree you’re settled if one of the party disagrees you’re not so well all right without the mediation yeah one and that’s our show for today and May 25th 2018 we’re so glad you joined this all right oh it’s not my 25th the month–is already happy it’s like a quarter of the way through yeah right Oh backup June 8 2004 joining us today on disclosure live with brandy Ocelot I’m brandy Austin Shepard Oh pleased to enjoy your weekend
and subscribe to our YouTube channel and they keep YouTube standard strong and we will see you next week hopefully we can do an episode more in-depth on suicide suicide prevention and resources to help you but we will let you know in advance thank you happy Friday YouTube I really hope you guys join this week I appreciate YouTube and its continued connection to the Internet we never have problems with [Music]
This transcript was auto-populated.