The Importance of the Role of Mediator in Texas Litigation
A Texas mediator's role, like the mediation process itself, is an extremely important element in the civil litigation sphere. It is often crucial in efforts to conclude matters by compromise settlement agreement when the parties need help simply communicating or where stubborn parties need a dose of reality.
If used effectively, mediation, with the right mediator, provides an alternative method of settling and moving some of the ninety percent plus of cases which typically eventually settle.
Mediation can often stimulate a more acceptable settlement. And just as importantly, mediation can provoke a much earlier settlement to many types of disputes. By its nature, mediation does not violate or impair the sanctity of the adversarial process. To the contrary, a good mediation is often the only effective procedure available to actually resolve a civil dispute without substantial risk, limitless expenses and time consumption.
As general counsel to a variety of companies over the years, we have often recommended that many businesses include an ADR clause in their contracts which may include mediation or arbitration (or both) particularly when it comes to contract disputes with other companies.
Mediation offers a controlled outcome environment that allows the parties to stay within an acceptable range of outcomes, rather than trusting their fortunes to twelve strangers at trial. Now, sometimes that range of acceptability at a mediation may seem unsatisfying to both sides, resulting in some grumbling, but that is often the sign of a good settlement. No one is happy, but no one is bankrupt or zeroed out.
The hallmark of a good settlement is that it provides fair and comprehensive compensation for all current and future losses, brings finality to the dispute, and is a mutually acceptable resolution for all parties involved.
By combining thorough preparation with strategic use of mediation, civil attorneys in Texas can effectively resolve cases, often achieving settlement faster and more privately than through traditional litigation.
Learn how we can help you with your own mediation needs.