Mediation is a confidential and less-formal process in which the parties choose and confer with a trained impartial and neutral individual who assists with the negotiation of their dispute. The advantage over litigation is that mediation leaves the resolution of the dispute completely with the parties instead of a judge and jury. The mediator does not decide or adjudicate the parties’ dispute, he does not render opinions regarding culpability or fault and does not offer legal advice of any kind. Instead, the mediator serves as a facilitator between the parties and works to bring them together by defining issues and eliminating barriers to communication, while managing the process to avoid confrontation and hostility. The mediator will, however, seek concessions from each side during the mediation process. Ultimately, the parties work together to resolve their dispute and enter into a legally binding written mediation agreement.
With a resolution rate of over 90%, mediation is a highly successful alternative to litigation. Moreover, the parties are directly involved in negotiating their own agreement, in a prompt, private, and less expensive format. Do not allow the prohibitive costs of litigation to prevent you from resolving disputes. Consider mediation.
Arturo M, Aviles, a 20-year lawyer, has also served as mediator in the Austin-area since 2005. He previously served as chair of the Austin Bar Association’s Alternative Dispute Resolution Section and is a frequent speaker on mediation, negotiation, and conflict resolution. He has mediated a wide variety of disputes from catastrophic injuries to neighbor disputes. Arturo is fluent in Spanish and has lived and studied abroad in El Salvador, Spain, Mexico, and Argentina. He is also experienced and willing to conduct mediations in Spanish.