Search Site
Explanation of Mediation

We all hope to live harmoniously with our neighbors. Sometimes, however, disputes arise due to varying lifestyles. One way to resolve disputes is through the use of a form of alternative dispute resolution known as mediation.

Fact Scenario: George purchased his dream home – a wonderful old house in a beautiful neighborhood. During the day, George worked as an accountant, but three evenings a week, George was the drummer in a rock band known as “George and the Destroyers.” On the weekends, the band practiced at George’s house. The practice sessions started in the early evening, but often continued well into the night. The neighbors, most of whom were families with young children or retirees, asked George to keep the volume down or stop the practice sessions earlier in the evening, but the conversations quickly escalated into angry exchanges. The local police department received numerous complaints about the loud noise emanating from George’s house.

In this situation, all parties might benefit from the services of a mediator. In some states, the local police departments will refer parties to mediation services in an effort to resolve the own disputes without further police intervention.

What is mediation?

Mediation is a form of alternative dispute resolution. In mediation, the parties to a dispute come together, with a mediator, in attempt to resolve their differences without resorting to courts or law enforcement agencies. The mediator is a neutral third party with no interest in the proceeding other than assisting the parties in resolving their dispute. The mediator uses his or her training in dispute resolution techniques to help the parties come up with ideas on how to resolve their differences and assists the parties in structuring their discussions.

Who will be the mediator?

Although many mediators have specialized training, which is quite valuable in moving parties toward resolution of a dispute, a mediator can be any neutral third party. For example, a clergyman might be willing to serve as the mediator of a neighborhood dispute. The important factor to keep in mind is that the mediator must be neutral. In many areas, police departments and lawyer referral services maintain databases of mediators and mediation services.

What can I expect of mediation?

During the mediation, every party involved in the dispute will have an opportunity to discuss how they see the dispute and to say what they hope to see in the way of a resolution. The mediator will assist the parties in this regard. It may be necessary for the mediation to continue beyond one session, particularly where the dispute is complex or involves many parties. If the parties reach a settlement of their dispute, the mediator will assist the parties in drafting a written settlement agreement detailing the terms of the parties’ agreement. The parties agree to abide by the terms of their agreement.

Is there a fee for the mediator’s services?

In most cases, there is a fee for the mediator’s services. Notably, however, the range of fees charged by mediators for mediation services varies widely from state to state. It may also be possible to obtain no-fee or low-fee mediation services.

Where can I find more information on mediation services in my area?

You might consider using the following resources to find a mediator:

  • lawyer referral services;
  • churches;
  • a telephone directory;
  • hospitals; and
  • the local police department.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2022 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Asset Flow in Estate Planning

Planning for the distribution of your assets upon your passing can seem a daunting task regardless of the size of your estate.  However, planning for how those assets will be distributed, and ensuring your estate plan accounts for your desired distribution, is essential. In this article, we will discuss the
Read More
Asset Flow in Estate Planning

Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Strong Firm P.C. is excited to announce the addition of Kelly Sullivan to its team of experienced attorneys. Kelly adds exceptional strength to the firm’s established practice areas based on her wealth of experience in the areas of Litigation, Labor and Employment Law, Business Law and Governmental Law, Zoning
Read More
Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Future of Non-Compete Agreements: Executive Order on Promoting Competition in the American Agreement

In July 2021, President Biden signed an Executive Order aiming to limit the use of restrictive covenants in employment relationships. Opening with the premise that “a fair, open, and competitive marketplace has long been a cornerstone of the American economy, while excessive market concentration threatens basic economic liberties, democratic accountability,
Read More
The Future of Non-Compete Agreements: Executive Order on Promoting Competition in the American Agreement

Estate Planning: A Sophisticated Plan for Complexities

More sophisticated estate planning may be appropriate for people that: have sufficient net worth to consider tax planning; own assets in more than one state or jurisdiction; highly prize privacy; have blended families, and/or have a history of family discord (“Complicating Factors”). In 2022, the net amount a person can have
Read More
Estate Planning: A Sophisticated Plan for Complexities
  • Video Vault

    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form