Although mediation is not nearly as formal or stressful as a courtroom trial, it is still important that the parties understand the steps involved. When the parties understand the process of mediation, it allows them to focus on settling their case instead of wondering what the mediation process is like.
Mediation in Texas cases usually begins with the introduction of the mediator to the case parties. The mediator will then provide a bit of detail as to how the mediation session will be conducted. If the parties have not yet been placed in separate rooms, they will be directed to individual rooms, and the mediation will begin.
The mediator will discuss the case with one party first to understand that party’s position in the case. The mediator will then explain this party’s position to the second party and will evaluate the second party’s response. In this manner, the mediator will determine how close the parties are to an agreement. The mediator will continue to travel back and forth between the parties with settlement offers until a full settlement has been reached, or until the mediator determines that a settlement will not be reached in that day’s session.
Since the mediator will be spending a significant amount of time with each side, it is a good idea for each party to bring a book or magazine to read to pass the time. The parties should also set aside their entire day for mediation, as it is not unusual for these sessions to take several hours.
You may also bring any items that you want the mediator to consider as you discuss settlement in your case. You may bring Facebook posts, text messages, photos, or any other items that you have that either support your case or weaken the other party’s case.