The Mediation Process

The Mediation Process

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As with the overlapping rings in the graphic header to this page, the sides in the dispute will work through and with me as the mediator to discover commonality — enough to bring them closely enough to a single concentric circle to resolve the dispute.

Client information

Information specifically for the client is on the client page. Attorneys are encouraged to have their clients review that page carefully. The balance of this page will be useful to attorneys in setting up a mediation session.

How to set up and accomplish a successful mediation

On this page you will find out how to set up a mediation session, get prepared for the mediation, and settle the nasty matter of the fee. Basic information is also provided to give the litigant a basic understanding of what is to be expected in the process.

Booking a mediation session

Using the online calendar it’s quite easy. If you are a technophobe then an email communication will work and if that’s not a comfortable mode for you, then a phone call will work just fine.

To use the online calendar to pick your own date, just go to the Schedule Now page. You will be able to search for an open date of your choice. One attorney (“Booking Party”) will take the lead in collaborating with all parties on an agreeable date and then actually booking it. From the Schedule Now page you will find instructions for the complete process.

Detailed instructions on booking

The follow instructions also appear on the scheduling page when the Booking Party is using the procedures.

One side will take the lead in scheduling the mediation. However, written confirmation will be required of each party before the mediation will be positively confirmed which will occur via email.

The “booking party” will make a selection within the half-day period (a.m. or p.m.) agreed to; or — if scheduling a full day session — an entry within the morning of the agreed day. Your selected date will then be reserved pending confirmation by the office. Some email communication will occur which is sent to the booking party who is responsible to forward all communications to all counsel and any unrepresented parties.

Upon selecting a date, the booking party will see a link to optionally make payment at that time via credit card.

After booking your slot, the booking party will receive a tentative confirmation email acknowledging receipt of the booking.  There will be a link in that email directing you to the payment page where each side will have an opportunity to make payment of the fee by the Square credit card system.

Payment is due within 10 days after booking or at least one week prior to the scheduled mediation date. Payment can be made by credit card as mentioned above, or by (law firm or insurance) check to PO Box 1466, Marble Falls, TX 78654.

Multi-day or multi-party (more than two non-aligned sides) mediations can be arranged for a negotiated fee by contacting me by phone or email.

You will also be receiving a link to the forms for the procedures, instructions and agreement to mediate.

Advance information to be provided to the mediator

Upon completing the booking, the Booking Party will receive a tentative confirmation email indicating certain advance information that should be sent to me as soon as possible. That email will contain detailed requests for information. In addition to the “stock” request, certain types of cases will have a later request sent for further data specific to the type of case.

Why submit advance information? Because Judge Jones will actually read it and study any law you wish to cite. The mediation process will start faster and have a better chance of success if there is good advance information submitted. The time spent preparing the information will reduce the time required during the mediation.

Settling the fee

As mentioned above, each party’s fee may be paid by check or credit card. Anyone wishing to use a credit card should access the payment section of the Schedule Now page.

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