How Does Mediation Work?

  1. The parties and their attorneys agree to mediate in good faith and use their best efforts to settle this case.
  2. The mediator does not have authority to force settlement on any party, and the mediator does not have the authority to decide any issues for the parties.
  3. The mediator does not give legal advice or counsel. Each party shall rely upon their respective attorney to provide legal advice and counsel.
  4. All parties necessary to settle the case must be present and must have necessary settlement authority.
  5. Mediation shall be conducted in accordance with Texas Civil Practice and Remedies Code section 154.001, et. seq.
  6. Mediation is a settlement negotiation process, and settlement negotiations are not admissible in any litigation or arbitration.
  7. The mediator cannot testify at any trial or hearing regarding this case. The mediator’s files and notes cannot be subpoenaed or otherwise compelled to be produced.
  8. If settlement is not reached, the mediation maybe continued until a later date.
  9. No stenographic record or recording of any kind shall be made of the mediation process.
  10. No subpoenas, summons, complaints, citations, writs or other process may be served on any person at or near the site of the mediation upon any person entering, attending, or leaving the mediation.
  11. The mediator’s fee shall be agreed in writing prior to mediation and shall be paid in prior to the commencement of mediation. All expenses for mediation shall be borne equally by the parties unless agreed otherwise.
  12. The mediation process shall be terminated (1) by execution of a written settlement agreement voluntarily entered by the parties; (2) by declaration of the mediator that further efforts at mediation are no longer worthwhile; or (3) after the completion of a full session of mediation, by written declaration of one or more parties that the mediation proceedings are terminated.
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