WHAT IS MEDIATION?    Mediation is a private process in which:
  • An impartial person, a mediator
  • Encourages and facilitates communications between parties to a
    conflict, and
  • Strives to promote reconciliation, settlement, or understanding.
  • A mediator should not render a decision on the issues in dispute.
  • The primary responsibility for the resolution of a dispute rests with
    the parties.
  • A mediator's obligation is to assist the parties in reaching a voluntary
    settlement.
  • The mediator should not coerce a party in any way.
  • A mediator may make suggestions, but all settlement decisions are to
    be made voluntarily by the parties themselves (see Texas Supreme Court
    Ethical Guidelines for Mediators, approved June 13, 2005)
WHAT DOES MEDIATION CONSIST OF?   Mediation involves two types of meetings:
  • the "joint session" where all party representatives and their attorneys meet with the mediator and
    outline the basic issues and contentions of the case
  • the "caucus" - private and confidential meetings between the mediator and each of the parties
    and their attorneys.
WHERE DO WE CONDUCT MEDIATIONS?  In either the Resolution Center, 333 T C
Jester Boulevard, Houston, TX 77007, (713) 880-2588 (see photo below) located near Interstate
Highway 10 about 5 minutes from downtown Houston(TO SEE MAP & GET DRIVING DIRECTIONS
CLICK ON THIS LINE).
WHY SHOULD YOU MEDIATE YOUR CASE?

    1) THE COST OF A MEDIATION IS A SMALL FRACTION OF THE COST OF A TRIAL AND
    SUBSEQUENT APPEAL. MEDIATION CAN HELP YOU SUCCESSFULLY GET YOUR CASE
    SETTLED, AVOIDING:
    A) The expense and effort of preparation, trial and subsequent appeal:
  • Hourly legal fees vary from $75 to more than $500 per hour of attorney time as
    shown in the State Bar of Texas Hourly Rates in 2003 Report, www.texasbar.com
  • Attorney time required to investigate, file suit, conduct discovery and go through a
    trial can total up to several hundred hours and an appeal requires substantial
    additional time
  • Expert witness & consultant fees can vary from hundreds to thousands of dollars
  • Court reporters’ and videographers’ deposition charges vary from hundreds to
    thousands of dollars
  • Total cost of getting through a trial can vary from a few thousand to hundreds of
    thousands of dollars
  • The lawyers and their clients can expect to spend many stressful hours in
    preparing for and getting through a trial,
    B) The risk of losing: After spending enormous effort and extraordinary expense on
    preparation and a trial someone always loses and suffers the resulting financial loss and
    emotional shock, and
    C) The risk of winning: Preparation and trial may be so costly, the winner may actually
    suffer a substantial net financial loss.

    2) PARTIES ARE INCREASINGLY CHOOSING NOT TO GO TO TRIAL. FOR EXAMPLE, IN THE
    UNITED STATES DISTRICT COURTS NATIONWIDE FROM 1999 THROUGH 2005:
    Dispositions before trial increased from 97.71% to 98.56% and dispositions after the trial starts
    decreased from 2.29% to 1.44%, of all cases disposed of, as shown in the following chart:
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS DATA
Data Available on Website: www.uscourts.gov
Year
Total
Disposition
s
Dispositions
Before
Trial Starts
Dispositions
Before Trial Starts
as a % of Total
Dispositions
Dispositions
After
Trial Starts
Dispositions After Trial Starts
as a % of Total Dispositions
1999
272,062
265,834
97.71%
6,228
2.29%
2000
259,234
253,454
97.77%
5,780
2.23%
2001
247,592
242,191
97.82%
5,401
2.18%
2002
258,992
254,423
98.24%
4,569
1.76%
2003
252,197
247,991
98.33%
4,206
1.67%
2004
252,016
248,065
98.43%
3,951
1.57%
2005
270,973
267,074
98.56%
3,899
1.44%
© 2006 Charles L. Black Aycock
OUR MEDIATION SERVICES:
or Greenway Mediation & Conference Center, 3207 Mercer, Houston, Texas 77027,
713-626-8633 (see photo below) located near Greenway Plaza, about 10 minutes from
downtown Houston(TO SEE MAP & GET DRIVING DIRECTIONS CLICK ON THIS LINE).
Both are well equipped with excellent facilities for mediations, including elegant &
comfortable conference rooms and the latest in technology, including both wireless
and conventional internet connections, telephones, computer and video capability,
fax and copy services. Both have state of the art kitchens, serving delicious
beverages & snacks and for full day sessions, a tempting smorgasbord of tasty
working lunches.