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What's Mediation
Understanding the Process
Mediation is a structured process where an impartial third party assists disputing parties in resolving conflict while maintaining their power to decide the outcome. It focuses on solutions, not on positions, and focuses on each party's needs, rights, and interests.
The mediator is a neutral party who guides the process in a constructive and positive direction and helps the parties find their optimal solution or a solution both parties can live with. A mediator facilitates open communication and helps the parties focus on the future consequences of a non-settlement, helping them separate emotions, anger, and frustration from facts that happened in the past and cannot be changed.
Bilingual Mediator - English & Portuguese
How I Conduct a Mediation Session
FAQ
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Is mediation confidential?
Yes, mediation is completely confidential. -
How long is mediation?
It depends on the case, anything from 2-3 hours to days. -
When is mediation appropriate?
Mediation can be a great alternative to any civil case, family disputes such as divorces, and others, especially when relationships should be preserved, and the parties want to have the power to decide the outcome, do it quickly, and save money. Almost any type of conflict can be successfully mediated, as long as both parties agree to negotiate in good faith. -
Who should attend the mediation process?
Parties or representatives that have full power to settle. Remember, mediation is not litigation and the intention is to amicably get to an agreement, so, I always encourage the parties to represent themselves and open their minds to options, be willing to settle. However, both parties can take their attorneys or other individuals that can support them, as long as the other party agrees. -
Where are mediation sessions held?​​
I am located in Frisco and perform mediation sessions in the surrounding areas. Online mediations via Zoom are extremely common today. -
Do I need to be in the same room as the other party?
Joint sessions can be very productive, but the mediator will evaluate factors such as the level of tension between the parties, if one party is dominant over the other, etc, and decide if he/she will conduct the mediation in a joint session or caucus. Sometimes I use both. -
Is mediation binding?
It can be if both parties agree with it.
Why Mediation?
First and most importantly, in mediation, the parties maintain the power to decide the outcome of the conflict. They jointly decide on a fair and balanced solution, if not an optimum outcome, at least one that both can live with.
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Second, it's faster and much more economical. Yes, it's much less expensive than litigation and causes less financial stress on both parties.
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And third and also very importantly, since it is a collaborative process, it causes much less stress than litigation, also preserving relationships (personal and business ones) and diminishing emotional scars that the litigation process can cause on the parties and indirectly involved ones.