Mediation is the process during which an impartial, neutral person, the mediator, facilitates communication between the parties in a dispute to assist reconciliation, settlement, or understanding among them.
- Involves the individuals in the process.
- Deals with feelings and issues.
- Is based on fairness.
- Is less expensive than litigation.
- Is less traumatic than a jury trial.
- Is expedient.
- Is completely confidential.
The mediator may suggest ways of resolving the dispute but may not impose his or her own judgment on the issues or on either of the parties.
In mediation, both parties have the opportunity to explain and discuss their respective sides of the dispute and to pursue options which may lead to an agreeable settlement for their dispute.
If the parties do not reach a settlement, they still have the option of employing every available legal remedy.
CHARACTERISTICS OF MEDIATION
Mediation and Conciliation differ from all the ADR procedures in that the mediator does not render his/her opinion or impose any judgments regarding the merits of either party's respective case and does not make any decisions regarding the outcome, settlement or award(s) to be granted.
Mediation does not assure agreement, but rather assures only a process that has been proven to lead to effective and highly enforceable agreements.
Mediation requires that the parties are willing to discuss their dispute openly and honestly and that they commit themselves to the process, and to good faith negotiation according to the rules of the process.
Mediation is intended to:
- Produce the most favorable result for all parties concerned in the shortest possible time.
- With the least possible expenses to the parties and
- With a minimum amount of stress and trauma to the parties involved.
WHAT TYPES OF CASES ARE ACCEPTED?
- Neighborhood Disputes
- Threats or Trespassing
- Financial Disputes
- Landlord/Tenant Disagreements
- Child Custody, Child Support and Divorce
- Consumer Complaints
- Employer/Employee Conflicts
- Contract Disputes
- Job Terminations
- Probate/Will Disputes
- Family Arguments
- Court Referrals
- Attorney Referrals
- Real Estate Disputes
- Child Protective Services Cases
- Other Problems
Steps to Resolve Disputes
Are you in the midst of a dispute that you can't seem to work out? Are you considering going to court or calling the police to file a complaint? Perhaps you are already involved in a lawsuit.
You can choose to settle the matter quickly, practically and relatively inexpensively through the McLennan County Dispute Resolution Center.
Begin to resolve your dispute today, by following these steps!
- Read about mediation and decide whether this might be a good option for you.
- Think about your circumstances and decide which of the following categories is the closest match to your situation:
- On the Forms page, chose the “Intake” form that is right for you.
- Complete the appropriate form and give it to your lawyer to send to the DRC, or if you do not have a lawyer, send the form to the DRC as instructed on the form.
- If you have a lawyer, your lawyer will contact the other side to discuss whether or not they are willing to mediate. If you do not have a lawyer, The DRC will contact the other party to determine if they are willing to mediate the dispute.
- If the other side agrees to voluntarily go to mediation or if the court has ordered everyone to go to mediation, we will schedule your case for mediation at a time and place convenient to everyone, and a mediator will be assigned. (You can see dates that are available for mediation on the DRC Calendar)
If you have a court order to mediate or if you receive a letter from the DRC concerning mediation of your case, call your lawyer, or if you do not have a lawyer, call our offices at (254)752-0955 for information and/or assistance.