Jim Williams Mediations is the Alternative Dispute Resolution (ADR) counterpart to Williams McClure & Parmelee. Attorney James Williams of the firm is a mediator who provides ADR services as a cost-effective solution to quickly resolve disputes or remedy issues before parties incur significant legal costs and the risks of trial.  Mr. Williams serves as a neutral peacemaker to parties who wish to consider settlement or compromise, but who have been unable to resolve a matter without the assistance of a neutral mediator.  He has extensive frontline experience in alternative dispute resolution including mediation and arbitration. He is a skilled conflict resolution facilitator. We save all parties on time and travel costs by conducting zoom/remote/virtual mediations when possible. We mediate Texas matters as well as other jurisdictions. Mr. Williams can also serve as an Arbitrator, if the parties desire a neutral third party to decide the matter on the merits in a cost-effective manner. Having spent decades in the trenches as a Texas litigation and transactions attorney, having mediated hundreds of cases on behalf of his own clients throughout Texas and the country, Mr. Williams is well suited to facilitating the resolution of even the most complex lawsuits or disputes as a neutral Texas mediator and peacemaker. Most contentious matters can be resolved more easily than the parties might expect with the use of Texas virtual mediation/ Texas remote mediation/ Texas in-person mediation services with mediator James Williams of the firm.

Abraham Lincoln once said that “[a] good settlement is better than a good lawsuit." The Texas legislature approved the Texas Alternative Dispute Resolution Procedures Act many years ago. Pursuant to the Act, any case pending in Texas courts may be referred for mandatory ADR procedures including mediation, upon the motion of any party or the court's own motion.

Mr. Williams has successfully completed required training in Dispute Resolution Techniques, in compliance with the Alternative Dispute Resolution Procedures Act, Texas Civil Practice & Remedies Code, Section 154.052 (A) and which satisfies the standards set forth by the Texas Mediation Trainers Roundtable (TMTR), Texas Association of Mediators (TAM), and Texas Mediator Credentialing Association (TMCA) and approved by the State Bar of Texas for appointment, membership and continuing education.

He is qualified with the appropriate mediator certification credentials required by the State of Texas to be appointed by the courts of Texas to serve as a mediator of civil litigation matters across the state. He is a professional mediator with course completion meeting requirements of the Texas Alternative Dispute Resolution (ADR) statutes and the requirements for mediation in many other states. He is recognized as a Senior Mediator by Mediate.com and has Premium status.

Mediation course training includes subjects such as Introduction to Mediation; What is Mediation?; Process Neutrality; Role of Mediator; Mediation Styles: Conference and Caucus; Mediation Models; Listening Skills: A Mediator's Most Important Tool; Active Listening and Barriers; Two-Way Exchange; Professionalism in Mediation; Dealing with Third Parties and Difficult People; Issues Clarification; Interests Versus Positions; Questioning Techniques; Clarifying Mediable Issues; Issue Prioritization; Cultural Considerations in Mediation; High/Low Context; Generating Options; Bargaining and Negotiations; Impasse: Causes and Strategies, Caucus as a Tool; Introduction to Mediator Ethics; Core Principles: Neutrality, Confidentiality, Conflict of Interest; Case Studies in Mediator Ethics; Mediation Agreements, Tips to Get the Best Mediation Results, Reality Testing Techniques in Mediation.

Mediator James Williams is a member of the Alternative Dispute Resolution/Mediation Section, State Bar of Texas.

JIM WILLIAMS MEDIATIONS

AGREEMENT AND RULES FOR MEDIATION

This Agreement and Rules for Mediation with Jim Williams apply to both in person mediations and to mediations conducted remotely, including via Zoom, similar video conferencing, or participation by telephone.

1. Definition of Mediation. Mediation is a process where an impartial person, the mediator, facilitates communication between separate parties to promote reconciliation, settlement, or understanding among them. The mediator may suggest ways of resolving the dispute but may not impose his/her own judgment on the issues for that of the parties.

2. Role of Mediator. During the mediation, all parties shall consult with their attorneys regarding their legal rights and obligations. The parties and their counsel acknowledge that the mediator is a neutral intermediary and is not giving legal advice, tax advice, counsel, analyzing any party’s legal rights or obligations, and is not the attorney or advocate for any party. All parties agree they will not rely upon, use, or consider any comments, statements or observations of the mediator or any co-mediator as legal advice. Each party agrees to hold the mediator harmless for any observations, suggestions, or implications that s/he may make in the course of mediation or related follow-up communications. Each party specifically agrees to obtain legal advice on any issue of interest to them from their own attorney and will not rely upon the mediator for these services.

The mediator does not have the authority to decide any issue for the parties, but s/he will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties, to discuss the pros and cons of the case, and to offer suggestions to assist in achieving settlement. If necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice. Arrangements for obtaining such advice shall be made by the mediator or the parties, as the mediator shall determine.

3. Parties Responsible for Negotiating Their Own Settlement and Seeking Independent Review of Settlement Prior to Agreement. The parties understand that the mediator will not and cannot impose a settlement in their case. The mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. The mediator does not warrant or represent that settlement will result from the mediation process. The parties specifically agree that a fully executed final settlement agreement can be admitted in any court proceeding without objection as evidence of such settlement. Each participant is advised that if an agreement is reached as a result of this mediation where the mediator assists in the preparation of a written settlement agreement, each participant should have the settlement agreement and any related documents independently reviewed by his/her own legal or other counsel before executing the settlement agreement or any related documents and will not rely upon any comments, statements, observations, or advice of the mediator in connection with entering into any settlement agreement or any related documents.

4. Authority of Representatives. Party representatives must have authority to settle and all persons necessary to the decision to settle shall be present. The names and addresses of such persons shall be communicated in writing to all parties and the mediator.

5. Privacy. Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator.

6. Confidentiality. The mediator shall not be compelled to divulge such records or to testify regarding the mediation in any adversary proceeding or judicial forum. Any party that violates this order shall pay all reasonable fees and expenses of the mediator and other parties, including reasonable attorneys’ fees incurred in opposing the efforts to compel testimony or records from the mediator.

The parties shall maintain the confidentiality of the mediation and shall not rely on, introduce, or attempt to introduce the following as evidence in any arbitral, judicial or other proceeding: (a) views expressed or suggestions made by another party with respect to a possible settlement of the dispute; (b) admissions made by another party in the course of the mediation proceedings; (c) proposals made or views expressed by the mediator; or (d) the fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator. The parties acknowledge and agree that the mediator’s files may not be subpoenaed for any purpose. Each person involved in the mediation agrees not to make any effort to compel the mediator to produce any information or documents provided to the mediator during or relating to the mediation. Notwithstanding the foregoing, the mediator may provide executed copies of this document and/or the mediation attendance roster signed by any party, counsel, or participant to any other party, counsel, or person participating in the mediation.

7. No Recording of Any Part of Mediation. There shall be no stenographic, electronic, or other record of the mediation process. No person shall tape record or record any portion of the mediation session. All parties and participants in any remote or virtual mediation specifically understand and agree that there will be no recording of any part of the mediation session(s) (including audio, video, still pictures, or computer screen shots) whether using the connected device (computer, iPad, etc.) or any other device (phone, recorder, camera, etc.)

8. No Service of Process at or Near the Site of the Mediation Session. No subpoenas, summons, complaints, citations, writs, or other processes’ may be served upon any person at or near the site of any mediation session or upon any person entering, attending, or leaving the session.

9. Attempt to Involve Mediator in Other Proceedings. In the event any participant in the dispute, which is the subject of this mediation, makes any effort to involve the mediator in any adversary proceeding, judicial, quasi-judicial, arbitration, deposition, administrative forum or proceeding or the like relating directly or indirectly to the subject matter of this mediation or the facts relating to it, attempts to compel the mediator’s testimony, or attempts to have the mediator divulge any information or produce any documents relating directly or indirectly to the mediation, agrees to pay all fees and expenses of the mediator in resisting such efforts, including reasonable attorneys’ fees and compensation for the mediator’s time in resisting such efforts.

10. Termination of Mediation. The mediation shall be terminated by: (a) the execution of a settlement agreement by the parties; (b) declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or (c) after the completion of one full mediation session, by a declaration of a party or parties to the effect that the mediation proceedings are terminated.

11. Interpretation and Application of Rules. The mediator shall interpret and apply these rules and this document.

12. Fees and Expenses. The mediator's daily fee shall be paid in advance of each mediation day. All other expenses of the mediation shall be borne by the parties equally unless they agree otherwise. The parties acknowledge that the mediator reserves the right to charge an additional $495.00 per hour (shared between the parties) if the mediation goes beyond the scheduled time period.

HOW TO SCHEDULE YOUR MEDIATION

We want to make it as simple as possible for you to schedule your mediation or arbitration. You can contact Sherri Gallant, Scheduling Coordinator, at 817-335-8800 or simply use the contact form provided here: Contact Us. You can also email us at info@wmptexaslaw.com

We will promptly contact you to assist with your scheduling needs. If you prefer, we can also help with coordinating available dates with your opposing counsel.

DURATION AND FEES FOR MEDIATION SESSIONS

Mediation fees are determined on the basis of whether the parties request a two hour, half-day or full-day session. Rates provided here are for Zoom only mediations. An additional $200 per party will be charged for in-person mediations.

Two-Hour - Per Party $575

Half Day - Per Party $990

Full-Day - Per Party $1980

The usual mediation fee is stated on a “per party” basis. The number of parties is determined by counting all parties represented by the same counsel as one party. Additionally, if one party is represented by multiple attorneys, that party is still considered as one party. Related parties, even with aligned interests, are considered as separate parties if they have separate counsel. If any session runs over the allotted time, the normal hourly rate of $495.00 per hour for the additional time spent will be divided equally among the parties, billed following the mediation session, and payable within 7 business days.

The mediation fee includes:

• Scheduling and administering the session;

• Preparing for and conducting the mediation session;

• Conducting a reasonable amount of post-session telephone facilitation and correspondence as needed.

OUT-OF-TOWN SESSIONS

If requested by the participants, I will travel out-of-town to conduct mediation sessions at a mutually convenient location. If the mediation is in a county not contiguous with Tarrant County or Dallas County there is an additional charge of $250.00 per party. In the unusual event that travel expenses other than mileage are required, the costs are to be divided equally among the parties. If it is necessary to spend an additional day traveling to or from a mediation location, the mediation session will be billed as a multiple session for the total number of days involved in the travel and conducting the mediation session.

CANCELLATION OR RESCHEDULING

My goal as an attorney-mediator is to assist trial lawyers, their clients, and the Courts in the prompt, efficient, and cost-effective resolution of disputes. The day which has been scheduled for your mediation session has been set aside for you. Rescheduling and cancellation result in a delay of resolution, inconvenience to counsel and clients, inactive days for the mediator, and increased costs. Each day that is reserved for you reduces my flexibility in accommodating the busy schedules of other trial lawyers, clients, and courts and results in a lost opportunity for me to assist others in resolving their disputes. In scheduling a mediation session, I will seek to accommodate every request for more time to gather information and will work diligently to find a date on which everyone can appear without undue sacrifice. All counsel should consult with their clients prior to scheduling the mediation session to ensure that the date is available and convenient for them. Counsel should notify me immediately when it appears there may be a conflict in proceeding on the scheduled date.

All fees are payable 7 days prior to the mediation.

A cancellation or rescheduling fee is charged only if the mediation is canceled or rescheduled within 7 days of the scheduled mediation date. In such event, a $250.00 fee per party will be charged for a two hour or half day mediation and a $750.00 fee per party will be charged for a full-day mediation. If a party fails to appear without notice, the party will be charged the entire mediation fee.

If the mediation is canceled or rescheduled for any reason within 48 hours from the scheduled mediation date, each party will be charged the entire mediation fee.

TO ATTORNEYS: PREPARING FOR YOUR MEDIATION

• Send a brief position statement for your case to the mediator in advance of your mediation. You may use the format below or any Position Statement format you believe will assist the mediation process.

• Send a list of any and all persons who will be attending the mediation with you (in the event there is an agreement among counsel to permit any person to participate by phone, please let the mediator know in advance).

• Discuss your case thoroughly with your client and develop a general idea of your client’s positions, interests and issues. Know what your goals are for the mediation.

• Explain the mediation process to your client in advance. If possible, give your client a copy of the AGREEMENT AND RULES FOR MEDIATION, which explains the mediation process and the confidentiality of mediation. The more the client understands about the mediation process, the more comfortable they will be in negotiating a resolution.

• Be flexible and keep an open mind. Start thinking about what you might be willing to give up to achieve your goals in the mediation.

CONFIDENTIAL CASE INFORMATION SHEET FOR MEDIATOR

Style of Case: __________________________________________________________

Court / Cause No.: ______________________________ Trial Date: ___________

Scheduled Date of Mediation: ________________________ Time: ___________

1. Names of parties and attorneys who will be present at mediation.

2. The nature of Plaintiff’s claims and the Defendant’s defenses and counterclaims.

3. What relief and/or damages are sought by the parties?

4. What are the primary disputed issues of law or fact from your perspective?

5. What is the status of discovery – (1) little or none; (2) some discovery but substantially incomplete; (3) substantially complete or complete?

6. Do you have sufficient information to form a realistic settlement position? If not, what else is needed?

7. What are the last settlement offers of the parties?

8. Attach documents that would be beneficial for the mediator to read in advance.