Mediation and Litigation are different approaches to resolving disputes. Litigation focuses on the legal issues and is more adversarial. Each party is trying to win certain things in a lawsuit which requires that the other party or parties lose. Ultimately, unless there is a settlement, a judge or jury will decide the outcome of the case and the family will have to live with that decision. Mediation allows for consideration of concerns beyond the legal issues as well as solutions that may be a better fit for the situation. It is an option for those who want to maintain as much control as possible over the final outcome and puts power back in the hands of the family. Finding ways to satisfy the needs of each party and overcome differences is the goal of Mediation. Mediation can occur as part of a formal lawsuit or separately without the need for court involvement depending on the circumstances.
In most cases, the more decisions that people can make without resorting to litigation, the less it will cost to come to those decisions. For instance, a couple facing divorce could work through many of the details of the parenting plan, division of property, etc. before or shortly after filing for divorce. When the divorce is “Agreed”, the legal processes, and therefore the costs, are reduced. Similarly, when adult siblings come to an agreement about how to care for an elderly parent, the need for legal processes is eliminated or reduced. If legal processes are still needed after mediation (final decree, filing guardianship papers, etc) the time and financial resources necessary to accomplish those processes are much less. Mediation is an avenue through which these agreements can be made. Though there is a fee associated with mediation, it is usually much less than the costs of discovery, trial preparation, etc. Even if your case has been in litigation for some time and the cost has been significant, mediation can help you avoid the added cost of going to trial.
I am not an attorney. Though some attorneys are also mediators, many mediators are not attorneys. Mediators and attorneys provide distinctly different services. Attorneys provide advice about legal rights, obligations, and possible court outcomes as well as serving as advocates for those involved in legal matters. When you retain an attorney, that person represents you and no other party involved in your case. Mediators do not represent any particular person or party. In most cases involving families, there is much to be considered beyond just the legal implications of possible decisions. A mediator can help families work through those issues. While an attorney’s job is to protect your legal rights, a mediator’s job is to help people who have differing interests and opinions come to an agreement. When an attorney/mediator serves as a mediator, that attorney is acting in the mediator role, not the attorney role.
What is the difference between Litigation and Mediation?
Do I have to have an attorney or court case to use Mediation?
No. In fact, the use of mediation may help you avoid or reduce the need to go to court. Attorneys are valuable resources for protecting your legal rights and walking you through the maze of the legal requirements that your situation may warrant, however, mediation can be used whether or not you have a formal lawsuit.
No. There are occasions when other forms of dispute resolution, including litigation, may be more appropriate. A credible mediator will assess a situation prior to commencing a mediation session. On those rare occasions when mediation is not a viable option, you will be informed and referred elsewhere.
That depends on the complexity of your situation. The more parties that are involved and the more issues that need to be addressed, the higher the cost. However, mediator fees are usually less expensive for each party than attorney fees. I charge an hourly rate for the time actually spent in mediation, but do not charge for the hours required to prepare for the mediation. I also provide a consultation free of charge.
Can I schedule an appointment without cost or commitment?
Yes, I will meet with you to answer questions you have about mediation or facilitation and to help you consider whether either service would be beneficial for you.
What if the other Party/Parties don’t want to use mediation?
Information may make the difference. You can refer them to this website or to other informational websites on the links page. I will meet with all parties individually to answer questions before anyone is required to commit to the process.
Depending on the circumstances, you may be best served with facilitation rather than mediation. Mediators are trained in assisting people with communication, a skill that can be helpful in a number of situations that don’t necessarily require mediation. See the Other Services page for more information.
What if a dispute is more of an informal problem and I don’t feel a written agreement is necessary?
Look for training specifically in alternative dispute resolution and in the subject matter. Although there are no requirements in Texas regarding training except in those cases referred to Mediation by a Court, the more training a Mediator has in dispute resolution the better. In Court referred cases, the Mediator must have a minimum of 40 hours of training in Mediation and an additional 24 hours of training in Domestic Relations issues in cases of family law. See the links page for websites that can provide additional information. See the Bio page for information about my training.
There is no specific definition for Certified Mediator in Texas. There are a variety of certificates and certificate programs ranging from a few hours of training in mediation to a graduate certificate program encompassing several graduate level courses in various topics of alternative dispute resolution. Often when a person claims to be a Certified Mediator it means they have completed a basic 40 hour course in mediation, the kind required by the state to conduct court-ordered mediation. If they say they are certified in family law then it usually means they have also completed at least another 24 hours of family law mediation training in order to conduct court-ordered family law mediations. Knowing what any particular mediator means when claiming to be certified will require asking that person. See the Bio page for information about my training.
