MEDIATION
Description of practice
I am a seasoned mediator with a high rate of success in helping clients reach settlement. Specializing in divorce and family mediations, I offer guidance as people negotiate agreements and reconcile conflicts of interest outside of a courtroom. My mediation practice is enhanced by fourteen years of applied experience in diverse settings, qualifying me as a communications specialist. I use both my conventional training and holistic integrative techniques to help individuals, couples, and teams effectively navigate key transitions.
What is mediation?
Mediation provides parties the opportunity to renegotiate existing agreements or resolve disagreements outside the court process. Through mediation, the parties may create their own agreement to settle their case. Indeed, most cases do settle when the parties mediate their disagreements. However, the parties have the choice whether to settle their case or not.
What does a mediator do?
A mediator helps the parties to communicate in a way that promotes settlement, understanding, and reconciliation. A mediator is neutral; that is, the mediator is not on the side of either party to a dispute. A mediator is not a judge and will not decide the case for the parties. Instead, with the help of a mediator, the parties may create their own agreement, rather than have a judge decide their case. What occurs in mediation is confidential.
Approach to mediation
With professional neutrality, I support people in making thoughtful, realistic choices about how to navigate their conflicts of interest as quickly and effectively as possible.
Can I bring my lawyer?
Attorney representation is not necessary, but the presence of your lawyers is encouraged. Please have any mediated Settlement Agreement reviewed by individual legal counsel prior to your signing the agreement. In practice, it works best for mediating parties to obtain one to four hours of individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by legal counsel’s review of a near-final draft Agreement, and by counsel’s review of the final Agreement. This level of consultation will dramatically elevate your comfort and confidence in the final agreement.
What about utilizing experts?
It may make sense, in a particular case, for mediation participants to retain mutually trusted experts. For example, participants may desire a trusted valuation of real property, personal property, or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant or tax expert. Mediation participants with parenting concerns may find it beneficial to obtain the thoughts and recommendations of a trusted child psychologist. Mediation participants may choose to jointly retain an impartial advisory attorney who, based upon an agreed-upon set of facts, may render an advisory non-binding opinion on how a court might resolve the identified issues.
What else can I do to prepare?
Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to desired outcomes and perceived standards of fairness. Stated otherwise, “What do you want out of the mediation?” and “How will you know that it is time to agree?”
What are our chances for success?
Over the years, 90% of mediating parties I have worked with have reached comprehensive resolution. This high success rate is due to most participants being highly motivated to arrive at an agreement. You are encouraged to work together to solve your issues and to reach a fair and constructive agreement.
What if we don’t reach agreement?
You have complete decision-making power. Each of you has veto power over each and every provision of any mediated agreement. Nothing can be imposed on you. In mediation, all discussions and materials are confidential, except for a finalized and signed mediated agreement for enforcement purposes. If no mediated Agreement is reached, evidence of the mediation discussions, mediation materials, and any draft mediation resolution will not be admissible in court or any other adversarial proceeding.
How long does it take and how much does it cost?
Because each case is different, the length and cost of mediation varies—and depends primarily on how close the participants are to an agreement. Generally, for divorce, business and organizational matters, we meet between two and twelve times for approximately two hours each meeting. Thus, the cost of a comprehensive mediated agreement generally ranges between $1,000 and $10,000.
Fees
Free initial phone consultation. Mediation fee: $150 per hour. Payments are due at the time services are rendered. I will be as specific as possible about projected prices once I have a better understanding of your situation. Responsibility for mediation fees is an issue to be decided by mediation participants. Participants are encouraged to consider sharing fees to some extent so all will benefit from efficient resolution.
What kind of payments do you accept?
Personal checks, cash, or credit card payments are accepted.
Other Information
Attorney representation is highly recommended; the presence of your lawyers is welcomed.
When will the mediation occur?
Mediations may be scheduled at a time convenient to the parties and the mediator. After the mediation date is scheduled, you will receive a notice giving the time, date, and place of the mediation, along with directions to the office location and parking information.
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Types of Mediation Practice
- ADA
- Adoption
- Adult Family
- Art
- Aviation
- Bands
- Bioethics
- Business
- Civil (general)
- Commercial
- Community
- Congregational
- Construction
- Contracts
- Criminal
- Cross Cultural
- Divorce (all issues)
- Divorce (parenting)
- Education
- EEOC
- Elder
- Employment
- Engineering
- Entertainment
- Environmental
- Estate Planning
- Family (other)
- Franchise
- General
- Health Care
- Insurance
- Intellectual Property
- International
- Labor - Management
- Land Use
- Landlord - Tenant
- Legal Malpractice
- Lesbian - Gay
- Maritime
- Medical
- Native American
- Online Mediation
- Organizational
- Partnership
- Personal Injury
- Police
- Postal Service
- Probate
- Professional Fees
- Public Policy
- Real Estate
- Securities
- Social Security
- Special Education
- Tax
- Technology
- Trust Management
- Victim - Offender
- Work Place
- Workers Comp
Additional Professional Services
- Custody Evaluator
- Communication Skills Trainer
- Online Mediator
- Counselor
- Facilitator
- Fact-Finder
- Mediation Consultant
- Staff Developer
- Online Arbitrator
- Conflict Coach
- Mediator
2306 Lake Austin Blvd. | Austin, Texas 78703 | 1(800)747-5677
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