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.
What is Facilitation?
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.