The Mediation Process:
The late Steve Brutsche’, one of the pioneers of mediation in Texas, wrote an article that was originally published in the Business Litigation Newsletter in May of 1989 and in the Texas Bar Journal in June of 1990 titled “Mediation Cross-Examined.” Although written in the very early days of mediation in Texas, Steve’s article remains a good discussion of the mediation process and what to expect during your mediation session. To read a Word version of Steve’s article (without footnotes), click here. For a PDF version (with footnotes), click here.
If you have any questions about the mediation process, please consult with your attorney or ask your mediator at your mediation.
Texas ADR Statute:
The Texas ADR Statute is the basis for mediation and other forms of ADR in Texas. It was originally enacted in 1987 and has been a model for many other state’s ADR statutes. To read the Texas ADR Statute, click here.
Rules for Mediation:
The Rules for Mediation may vary depending upon the court in which your case is pending or whether the mediation is being conducted voluntarily or pursuant to a private ADR plan. Please consult with your attorney or ask the clerk or coordinator of your court for a copy of the Rules applicable to your particular case. Many courts include the Rules in their Orders or as part of their Local Rules. For a sample of the Rules, click here.
If you have any questions about the Rules, please consult with your attorney or ask your mediator at your mediation.
Attorney Information Sheet:
It is helpful for your mediator to have information regarding the parties and issues in dispute prior to the mediation. You are free to submit a brief confidential position paper prior to the mediation, or you may complete the Attorney Information Sheet and forward that to our offices. Attorney Information Sheet – click here.
For more information, please visit our Mediation FAQ.
A useful resource for additional information about the mediation process may be found at the website of the Association of Attorney-Mediators.