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What does the mediation process look like?

The mediation process usually begins with an inquiry from an interested or affected party. We then schedule a brief phone conversation with one or more of the participants to further understand their concerns and discuss setting up a mediation process. These initial phone calls are done without charge as they provides a means to establish if a mediation process is appropriate. If the family decides to go forward with mediation, then the mediator will establish a schedule for the mediation process. The initial meeting(s) are essentially extended individual discussions, helping the mediator gain insight into the participants, and prepare them for the joint mediation session(s). During these meetings, the participants will meet jointly with the mediator and or co-mediators, and any outside parties deemed appropriate. At this joint meeting, the mediator will encourage all participants to express their goals, to listen fully to each other, and to think creatively as they discuss their situation and determine the best solution.

 

Is a mediation agreement a legally binding document?

State of Texas Civil Practice and Remedies Code; Title 7. Alternate Methods of Dispute Resolution; Chapter 154. Alternative Dispute Resolution Procedures - Subchapter a. General Provisions
§ 154.071. EFFECT OF WRITTEN SETTLEMENT AGREEMENT. (a)If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract. (b)The court in its discretion may incorporate the terms of the agreement in the court's final decree disposing of the case. (c)A settlement agreement does not affect an outstanding court order unless the terms of the agreement are incorporated into a subsequent decree. Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.

Texas State Law

 

What is Facilitation?

fa·cil·i·ta·tion
fəˌsiləˈtāSH(ə)n/
noun
 
  1. the action of facilitating something.
    • PHYSIOLOGY
      the enhancement of the response of a neuron to a stimulus following stimulation.

Facilitation is when a neutral third-party leads a process that helps group members identify and define their shared goals, while also identifying the issues blocking fulfillment of these goals. Facilitators assist groups by surfacing underlying issues and concerns, while increasing opportunities for consensus.

 

The Mediation Process

Confidentiality and Impartiality

Why is confidentiality so important? Confidentiality is a critical element of successful mediation. In order for the mediator to understand the central issues, motivations, and surrounding circumstances, there must be full disclosure and complete honesty. The participants in this process can be assured the discussions cannot and will not be disclosed to others so all may speak openly.

The mediation process is always confidential, unless the parties specifically want the information to be available in the public domain. At JK & Associates the mediator will present a specific agreement that must be read, understood, and signed by all of the parties involved in the process. The parties are required to adhere to the terms of the agreement before the mediation process can go forward.


This agreement includes but is not limited to the following items:

  • That the Mediator is an impartial facilitator who will assist the parties in reaching resolution. 
  • That the Mediator does not make decisions or tell the parties what to do.
  • To be open and honest communication is essential component of being a Mediator.
  • That the parties will give full and honest disclosure to the Mediator and each other.
  • Giving the Mediator all facts and materials that would be available through civil discovery.
  • That all written and oral communications, negotiations, and statements made in connection with the mediation process will be treated as privileged information. 
  • That the Mediator is not an Attorney and cannot give legal or administrative advice.

It is important to know that Mediators will be impartial and accountable to the process. JK & Associates mediation process is a sacred trust between the parties and the Mediator. To that end, every session will be held in a confidential and impartial manner.

 

What People are Saying About the Seminar

“Normally I am unwilling to consider my communication from the perspective of the receiving party. This course has helped me see how both sides play off of each other.”

“Discussed different way of solving work conflict that will be beneficial to my particular positions as I work to get production from my employees as well as keep morale high.”

“I really got a lot out of it. There was a lot of useful things I didn’t know about harassment and harmful words.”

“I will be better able to identify and resolve conflict in the workplace.”

 

What was Most Helpful to the Participants:

“Recognition of anger types as well as knowing appropriate approached to each. Knowing where the adverse party wants to go allows me to guide the conflict in a mutually determined direction.” “This course will be helpful in every aspect of life. Teaches you how to stay calm and deal with every type of personality.”

 

Participant Recommendations:

“The material is great, but the best part is the opportunity to discover how my communications are received. Criticism and observation given by peers pale in comparison to self-discovery.” “It is informative and will prepare you for dealing with the many types of people and situations that arise due to conflict that happens in everyday life.”

JK & Associates Services

Arbitration, Mediation, Conflict Resolution
Arbitration In Arbitration, both of the parties present their issues to a neutral, third party; the Arbitrator. The Arbitrator decides the outcome.
Mediation Mediation is also handled by a neutral, third party person. The mediator helps the parties work through their situation.
Conflict Resolution Left unresolved, conflicts can escalate and do serious damage to all types of relationships.