FAQs

Frequently Asked Questions

 

  • Do mediations work? 

    • For the majority of cases, yes. Various research has shown that approximate 85% of parties that voluntarily enter mediation reach a settlement agreement. 

  • What disputes can be mediated? 

    • Basically any dispute or conflict between two or more parties, either pre-litigation or during litigation. 

  • Can you give me legal advice about my situation? 

    • As neutrals, mediators cannot give legal advice to the mediating parties. General legal knowledge may be given, but specifics to potential outcomes cannot be given. No mediator (attorney-mediators nor mediators) can provide the parties with legal advice.

  • What is the difference between a mediator and an attorney-mediator? 

    • The difference is a mediator practices in mediation while the attorney-mediator practices law and mediation. However, neither can give legal advice in the mediation, only general legal knowledge, due to being nuetrals in the mediation. In Texas, a mediator would be in violation of Unauthorized Practice of Law, and the attorney-mediator would be in violation of Rule 1.06.

  • What is the role of the mediator? 

    • The mediator facilitates the communication between the disputing parties and help the parties formulate mutual agreement while staying impartial and neutral. 

  • How much will this cost?  

    • Please refer to our fees page to review the costs. Generally, most mediations will be completed within 4 hours, while some may last 6-8. The overall cost is typically around 10% or less compared to a full litigation process. Example, $1,800 mediated divorce vs $20,000 for an average divorce cost in Texas. 

  • Should I bring my attorney? 

    • This is encouraged if a party is not comfortable with their legal rights and may want legal advice. Mediation is a forum that empowers the parties to come to their own mutual agreement, so many parties are also comfortable without an attorney present.

  • Are mediations confidential? 

    • Texas Civ. Practice & Remedies Code, Sec. 154.073. specifically states that mediations are confidential. This means that no one outside the parties will know about it, and the parties nor the mediator will be allowed to break the confidentiality unless agreed to by all parties. Exception is if there is an elder/disabled/child abuse or neglect crime where there is a duty to report. 

  • Is the mediation agreement binding? 

    • The mediated settlement agreement becomes a legally binding contract within the court's view. 

  • How long will the mediation take? 

    • Generally, most mediations will be completed within 4 hours, while some may last 6-8.                                                                                                     

  • How can I schedule a mediation? 

    • You can use our online appointment calendar, email, or simply call us. 

  • What is a credentialed mediator?

    • In Texas, basically anyone can call themselves a mediator. However, court qualified mediators must have at minimum a basic 40 hours of approved training to be appointed mediators, and the Texas Mediator Credentialing Association goes further by requiring specific training, continuing education, and experience requirements for credentialed mediators, keeping mediation at the highest professional standard.