Mediation
Mediation is a non-binding, facilitated settlement negotiation. “Non binding” means that there is no resolution unless the parties agree to the terms of resolution. Any agreement achieved, however, is as binding as any other contract or settlement agreement.
The Process
Regardless of the type of case, whether it is a construction case, an employment discrimination claim, or insurance coverage dispute, the process is essentially the same. Mediations can be conducted at the firm or any other location that is agreeable to all parties. Will has mediated cases as far away as California, Ohio, and Georgia, and routinely mediates disputes in Houston, Fort Worth, Austin, and San Antonio.
What Happens During a Mediation
Most mediations begin with an informal joint session. Participants have an opportunity to summarize their perspective and evaluation of the dispute. When the joint session has run its course, the parties divide into separate caucuses. The mediator then becomes a “shuttle diplomat” between the parties, going back and forth until the case, hopefully, is resolved.
More Than One Way to Mediate
There are at least two schools of thought with respect to the proper role of the mediator. One view is that the mediator should always be non-evaluative, that he or she should facilitate communication but not express opinions or make recommendations. Another view is that the mediator should be evaluative, and should share his or her views, opinions, and evaluation of the case. Will Pryor is evaluative, utilizing his judgment, experience, and instincts to assist the parties with their evaluation and re-evaluation.
Commonly Used Mediation Forms:
Mediated Binding Arbitration Agreement
Miscellaneous Provisions for Mediated Settlement Agreements