Mediation Information:
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 It was originally
enacted in 1987 and has been a model for many other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.
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