What is mediation in civil cases?
Mediation is a process that can help parties to a civil lawsuit reach an agreement through the use of a neutral person trained in problem solving instead of going to trial. A civil lawsuit is generally a case where the parties are suing for money, such as a personal injury.
Who is a mediator in civil case?
The parties decide who will serve as the mediator. Usually the mediator has no prior relationship with either party. Most private mediators in civil cases have special mediation training and experience. The parties may choose a mediator who is a lawyer, an engineer, a therapist, a realtor or certified public accountant, if that person’s expertise would be helpful in resolving the case.
What kind of civil cases are mediated?
Any type of civil case or issue in a civil case may be mediated so long as the parties agree it should be mediated. In addition, mediation is available before a lawsuit is even filed. The courts encourage mediation of disputes in civil cases for three reasons: the court system doesn’t have the resources to have a trial in every civil case; often the parties reach a better result in mediation; and people are often more satisfied with a mediated resolution.
What is the cost of civil mediation?
If a mediation is successful, the cost of resolving the dispute is usually substantially less than if the case goes to trial.
Clear Creek Mediation Center charges by the hour. Many cases are resolved in only a few hours.
What is the procedure in civil mediation?
State courts do not require that parties to a civil case mediate the case before the trial (except in small claim cases in some counties, when the amount in dispute is less than $20,000). However, many courts allow the parties to choose to mediate their case rather than go through the court’s required arbitration procedure.
Cases mediated by Clear Creek Mediation Center may take place at our office in League City Texas, at a courthouse, at the office of an attorney if represented, or at another place agreed to by the parties.
Each party typically gives information about the case to the mediator before the mediation session to help the mediator prepare. The mediation process is flexible. Usually the mediator will have an initial session/consultation with all the parties. Sometimes the mediation will continue with all of the parties together. Other times, the mediator or the parties may prefer to have the mediator meet with each side confidentially, going back and forth between the parties until an agreement is reached.
The entire mediation process is confidential. The reason for this rule is to allow the parties to engage in frank discussions without concern that what they say in mediation will later be used against them in court if the case does not settle.
What happens at the end of civil mediation?
If the parties reach an agreement, if represented, the parties’ lawyers or the mediator will usually draw up an agreement that the parties sign before the mediation is over. If the agreement is complicated or there are minor details that remain unresolved, the mediator may assist the parties in preparing an agreement for all the parties to sign at the mediation, with the understanding that the parties’ lawyers will prepare a more formal agreement after the mediation is over. If represented, usually the lawyers for the parties prepare the final documents. Unless one of the parties is a public agency, the parties may agree that the settlement terms are confidential, so that the only information available to the public is the fact that the case was settled and dismissed.
If the dispute is not settled in mediation, then the case proceeds to arbitration or trial before a judge or jury. Anything that was said in the mediation is confidential, so when the case comes to trial, the judge and jury do not hear about settlement offers or anything else that occurred in the mediation.
Please schedule online, fill out our Contact Form, email us at [email protected], or call to schedule your Mediation or Arbitration today with Clear Creek Mediation Center 832-799-9986. We look forward to talking with you.