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Rogers Law Blog

Saturday, November 3, 2012

Goals and Advantages of Mediation in Texas

Whether your legal dispute involves a personal injury case, wrongful death case, insurance claim, family law, divorce, child custody, or child support case, you should strongy consider mediation to attempt to resolve your legal dispute through settlement.  If you have an attorney representing you, mediation will probably be discussed during the pendency of your case.  You should take a lead role in assisting your attorney during the process of selecting a qualified and experienced mediator in order to optizime your chance of successfully resolving your legal dispute.   

 Definition of Mediation

Mediation is an effective alternative dispute resolution method by which parties to a legal dispute agree to hire a neutral third party to serve as the mediator.  The mediator's role is to learn the facts of the case and arguments of all parties, to promote communication between the parties, and to facilitate the parties with respect to formulating a potential settlement of the legal dispute.  The mediator remains neutral and should not provide legal advice to the parties as an attorney would do.

With respect to almost every civil lawsuit filed in State Courts in Texas, Judges will order the attorneys and the parties to mediation prior to trial.  However, mediation is non-binding, meaning that you may choose to settle your case during mediation, or alternatively, you  may choose not to settle your case at mediation and proceed with your case in Court.  No one can force you to settle your case during mediation.

Whether your legal dispute involves a civil lawsuit, a dispute in which a lawsuit has yet to be filed, and whether or not you have an attorney or are representing yourself, mediation can be used to attempt to resolve the dispute with the opposing party.

 

Goals of Mediation

The purpose of mediation is to provide the parties a safe setting in which settlement negotiations can take place and in which a neutral third party mediator can assist the parties in exploring and facilitating potential settlement.  The mediator should ensure that the parties mediate in good faith, meaning that each party agrees to engage and participate in the process.  An effective mediator should accomplish the following:

  1. Preparation - properly prepare for the mediation by reviewing basic written information provided by the parties;
  2. Neutrality - remain neutral at all times;
  3. No legal advice - refrain from providing legal advice to the parties;
  4. Understanding - ensure that all parties know and understand the process and rules involving the mediation;
  5. Communication - faciliate communication and settlement negotiations; and
  6. Settlement Agreement - draft a quality Mediated Settlement Agreement, incorporating all terms of the settlement in accordance with the parties' instructions.

 

Advantages of Mediation

The advantages of mediation are numerous and include the following:

  1. Cost Savings - mediation ends the need for continued expensive attorney's fees, expert expenses, and costs of litigation;
  2. Avoidance of Risk - mediation lessens the risks for the parties in that the parties choose and formulate the terms of settlement, as opposed to leaving the decision with respect to the legal dispute to a Judge and jury;
  3. Time Savings - mediation can resolve most legal disputes in a one day mediation session, as opposed to continued litigation which can take many months or even years.

In family law cases, divorce mediation is especially beneficial to parents with children who need to learn to negotiate and resolve disputes with each other for the best interest of the children.

 

Hiring a Quality Mediator

Hiring the correct mediator for your case optimizes the potential for settlement of your legal dispute.  In choosing and hiring a quality mediator in your case, you should learn the background and experience of the potential mediator and consider the following:

  1. Is the mediator a licensed attorney who has handled cases similar to your legal dispute?
  2. What type of training does the mediator possess?
  3. What type of reputation does the mediator have with respect to his peers?

 

Corpus Christi, Tx mediator Sheadyn R. Rogers' experience and qualifications to serve as your mediator include the following:

  • Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization (meaning that Mr. Rogers specializes in handling personal injury cases and was recommended for certification by Judges and other attorneys, passed written examination, and receives annual continuing legal education in personal injury law)
  • Many years practicing law on both sides of the docket for Plaintiffs and Defendants, representing individuals in serious personal injury and wrongful death cases including car accidents, trucking accidents, eighteen wheeler accidents, motorcycle accidents, boating accidents, premise liability, product liability, work related accidents, medical malpractice, insurance claims, homeowner's insurance claims, and more; and defending insurance companies, corporations, individuals, doctors, and hospitals in such cases
  • Proceeded successfully to jury trial on numerous civil litigation cases including obtaining multi-million dollar jury verdicts (and settlements) for Plaintiffs and defense verdicts for Defendants
  • Extensive professional training on Mediation from University of Texas Law School, Center for Dispute Resolution Center
  • Legal experience representing clients in family law, divorce, paternity, child support and child custody cases
  • Extensive professional training on Advanced Family Law mediation from Dispute Resolution Center, Austin, Tx
  • Volunteer mediator at Dallas County Dispute Resolution Center
  • Successful track record in serving as mediator and advocate in mediations

 

Sheadyn R. Rogers of Rogers Law Firm serves as mediator for individuals and attorneys throughout South Texas and the Corpus Christi, Tx metroplex.  If you are in need of a quality, competent, thorough, and ethical mediator, call Sheadyn R. Rogers at (361) 356-6057 today.  For more information about mediation, please visit Rogers Law Firm's website.


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Rogers Law Firm serves the following areas: Aransas County, Bee County, Brooks County, Duval County, Jim Wells County, Kenedy County, Kleberg County, Live Oak County, Nueces County, Refugio County, San Patricio County & the Corpus Christi TX Metroplex.



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