Mediation is a process used to help resolve conflict between two or more entities, plan and simple. In Texas, our legislature has given the process the following gobbledygook definition in our Civil Practice and Remedies Code (Sec. 154.023):

"Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them."

Like I said, plain and simple, it is a process to help resolve conflict.

Problems and disputes arise every day, in all areas imaginable. Whether in a business or consumer transaction, construction of a house, insurance matters, or even an accident involving property damage or personal injury, disputes seem inevitable. Persons involved in these and other disputes usually think of a lawsuit as their first resort to a solution. However, this leaves the decision-making process in the hands of persons unknown (a judge or jury). In almost all areas, taking care of those problems and disputes through mediation gives the parties involved control over the solution. No result is ever forced upon a party in mediation, as it is forced upon them at the end of a trial by judge or jury.

A well-trained mediator can use various tools or steps to guide parties towards an amicable and civilized agreement concerning the dispute.

There are two great things about solving your problems through mediation. First, the costs of litigation, in both time and money, are enormous. When parties bypass litigation and solve disputes through mediation, the savings are equally enormous. Money can therefore be used for resolution of a conflict, and not just to pay the attorneys. Mediations are quicker, simpler and cheaper than trials!

The second great thing is that a mediation can draw upon all resources from the parties and the mediator to fashion a resolution much more flexible and creative than a "result" achieved in a courtroom.

All in all, mediation is often touted as a "win/win" situation, as opposed to a courtroom proceeding, where more stringent results are imposed. I don't know anyone who considers having to mess with lawyers and lawsuits as a "win", but I do know that the ability to control the disposition of a problem, as opposed to surrendering that control to a judge or jury, is vastly superior in a civilized society.

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