What Is Mediation?
Mediation is a confidential process used to resolve conflicts in an amicable manner. An impartial mediator directs the process and facilitates the communication between the parties in an effort to explore solutions and obtain a mutually satisfactory agreement.
Mediation Objectives
The objective of mediation is for parties in conflict to participate in good faith in a dialogue regarding their dispute, to present their points of view and to explore options for settlement in an effort to reach a mutually satisfactory resolution of their dispute.
What Happens in Mediation?
The mediator welcomes the participants and explains the mediation process, the mediator's role in the process and the rules of mediation. The participants present the issues they want to resolve, explore their interests and options and look for a mutual resolution. If the parties reach an agreement and sign it, this agreement may have the validity of a contract.
The Mediator's Role
A mediator is an impartial third party who is trained to listen to the parties, clarify the parties' issues and facilitate communication to help the participants negotiate in a flexible, private setting.
Cases Appropriate for Mediation
Conflicts between neighbors, families, merchants and consumers, landlords and tenants, employers and employees and other disputes are appropriate for mediation.
Mediation Benefits
Mediation is voluntary, flexible, economic, fast and confidential. If an agreement is reached, everyone wins.
Mediation Resources
For more information about mediation in Texas:
Stuck in a Dispute? - You Need to Mediate This!
TAM's video series about mediation on YouTube
State Bar of Texas ADR Section
TMCA Standards of Practice and Code of Ethics
State Bar of Texas Ethical Guidelines for Mediators
Supreme Court of Texas - Ethical Guidelines
Supreme Court of Texas - Amendment to the Ethical Guidelines
Note: TAM does not have a grievance procedure or process for filing a complaint regarding a TAM member. If you have a complaint about a TMCA-credentialed mediator, contact the Texas Mediator Credentialing Association at www.txmca.org. If the mediator is a member of the Association of Attorney Mediators you can access their grievance process here: https://www.attorney-mediators.org/grievance.
