Frequently Asked Questions

Yes. By state statute in Texas, all discussions and negotiations in the mediation session are confidential.  As the Mediator, I cannot be called to testify as to what the parties have told me during our session.  There is no recording allowed in the online mediations, and no written record is kept of the conversations held between the mediator and the parties.  All information provided to me by the parties remains confidential and is not shared with the other party, unless you and your attorney give me permission to share that information.

Either can be selected. While appearing in person is often preferable, as it allows direct contact between the mediator and the party, and the chance for parties to have direct contact with each other in a joint session, there are some reasons why an online mediation is appropriate. An online mediation allows parties, who might otherwise not be able to travel to the mediation center, due to scheduling, distance, or illness, the opportunity to participate in the mediation.  There are also circumstances in which the parties do not wish to be in close, physical proximity to each other due to the nature of the conflict or past interactions. I offer parties the option to conduct their mediation either in person or online via Zoom, with no difference in the price per party. In some circumstances, I can conduct a hybrid mediation in which one party may appear in person, and the other party appears virtually.  

As a mediator, I do not have the power to force a party to settle their case; my role is to facilitate the negotiations, and point out potential risks to each party in taking their case to trial.  This differs from my role as an Arbitrator, in which I am being asked to rule in favor of one party or the other.

If the parties reach a settlement, the mediator will prepare a Mediated Settlement Agreement (MSA), which outlines the terms and conditions of the settlement to which the parties have agreed.  Each party must review the MSA with their counsel before signing.  If the parties concur with the terms of the MSA, each party will sign the agreement.  The MSA, once signed, is a binding contract between the parties.  The parties may decide to draft further settlement and release documents in addition to the MSA, to facilitate the settlement.

Each party pays a separate mediation fee for the session. For the purpose of determining the fee, a group represented by a single counsel will be considered one party.  If there are multiple Plaintiffs or Defendants in the case, each represented by separate counsel, each Plaintiff or Defendant will be charged a separate fee.