If you have been involved in a dispute for a long time and are having trouble coming up with an agreement, mediation can help find a solution. A mediator can help both parties to focus on specific issues that need to be resolved, so they can find some common ground. If you’re dissolving a business and have a situation where neither you nor your partner can agree on how the company’s assets should be divided, a mediator can help you come up with an equitable agreement.
When Mediation is Appropriate
For the mediation process to work, both parties must be able to openly and honestly communicate with each other. It’s an appropriate solution if the relationship between each party is strained but they must find some way to keep going. Poor communication is often the cause of these disputes, which is why a neutral third party is needed. It can change the dynamics of their interactions. In many cases, both parties are interested in keeping their control over the outcome.
Mediation in Texas can be appropriate in the following circumstances:
- Both parties are having trouble with resolving their dispute because they lack the skills necessary to resolve conflicts.
- Both parties have a resistance to confronting or being confronted by the other party.
- There are strong psychological or relationship barriers to negotiating a resolution, which is where mediators can play an intermediary and conciliatory role.
- Neither party would be otherwise unwitting to meet in person to discuss the nature of their dispute.
The mediation process can clarify any productive steps for solving the problem and can provide a neutral, non-threatening environment through which the discussion can take place. They’re trained to handle any emotional barriers for settlement, problems of misperception, or poor communication. Finding a mutual agreement to a dispute (where both parties agree to keep control of the outcome) is always better than having one imposed on them by a third party, which is why it often repairs relationships that are important to the success of ongoing work.
Reasons to Pursue Mediation in Texas
Some of the reasons why you should pursue Texas mediation include the following:
- Parties will have an equal say in the process and will be able to decide on the terms of the settlement. There is also no determination of guilt or innocence.
- It saves time and money.
- It often happens early in the charge process, and a lot of mediations are completed in one meeting.
- It’s confidential.
- All of the involved parties will sign a confidentiality agreement on any information that’s disclosed during the process.
- It avoids litigation.
- It costs less than a lawsuit and avoids the uncertainty that comes with a judicial outcome.
- It fosters cooperation.
- It takes a problem-solving approach to disputes.
- Parties can share information, which can lead to a better understanding of issues.
- It allows you to come up with your own solution.
- A neutral party is there to help both parties to come up with a voluntary, mutually beneficial resolution.
- It can help to resolve any issues that are important to each party (not just the underlying legal dispute).
An independent survey showed that 96% of all respondents and 91% of all charging parties who used mediation would use it again.
When to Avoid Texas Mediation
Mediation in Texas can be a great option for resolving civil and divorce disputes, but it doesn’t work in every single situation. Cases of domestic violence, trauma, dominance and control issues, as well as other power imbalances can turn it into a traumatic experience. That’s why every mediation session needs to start with a one-on-one domestic violence screening between the mediator and each party.
This screening will allow you to tell the mediator what you need to feel safe. It will also give the mediator a chance to determine whether you will be able to voice your opinions as well as your needs and wants. So if you have been the victim of verbal, emotional, or physical abuse (or if you have a hard time saying “no” to your partner), be sure to tell the mediator so he or she can respond appropriately.
Mediation won’t work if the parties are too far apart on some issues. If one party is demanding to have his or her “day in court” or has decided to take an “all or nothing” approach, mediation is sure to fail. It can only be successful when both parties can give a little on issues that may not be their top priority.
If you have a case that needs mediation in Texas, be sure to reach out to Gale Law Group.