Pre-Trial Mediation

What is Mediation?

Mediation is a process that provides parties to a suit an opportunity to reach their own settlement agreement: an agreement that is mutually acceptable to both parties. In this process, an attorney mediator works as a third-party neutral with both sides to guide the mediation process and to assist both sides to come to an agreement that is acceptable to all parties. It is the policy of this state to encourage the peaceable resolution of disputes and the early settlement of pending litigation through voluntary settlement procedures. It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy. (Tx. Civil Practice and Remedies Code, Ch. 154.002-003).

The Mediator’s function is to help the parties communicate effectively with each other, help the parties understand the options for resolving all issues in the case, and assist the parties to reach a settlement agreement on the entire case. Mediation allows both parties an opportunity to reach their own agreement and the terms of how that agreement is to be worked out. For instance, if a debt is owed, both parties can reach a mutual agreement as to the amount of debt owed, and structure a payment plan that is agreeable to both sides through mediation; whereas, in a Trial, only a money judgment may be awarded without any possible payment plans.

Unlike the traditional courtroom trial or hearing before a Judge, where one party wins and the other loses, mediation allows both sides an opportunity to reach a mutual agreement and the terms of how that agreement is to be worked out. Moreover, it is important to remind yourselves that oftentimes in Trials, both parties may not be happy with the outcome, and each side leaves the Trial feeling like the loser. Unlike Trial, Mediation allows you the opportunity to settle your dispute on mutually agreeable terms.

What is the Cost of Mediation?

As stated in the Pre-Trial Mediation letter that you receive, the cost of mediation is $60 per side, which is payable directly to the mediator. The payment can be done in the form of cash, money order, electronic payment, or any other means acceptable to the mediator for the mediation session. If you are facing financial hardship or any other difficulty that might make it difficult for you to pay the mediation fees, you can discuss this when you meet with the mediator.

How does the Mediation process work in general?

After you agree to mediate your case with the mediator, the bailiff shall assign your case to an attorney mediator. The mediator will help you to communicate with the other parties. Communication is the key to solving problems, and mediation works as the perfect opportunity for you to solve these problems with the help of a trained and experienced attorney mediator. The Mediator will hear from both sides and try to help them come to a middle ground by facilitating communication of your position to the other party.

Please take a moment to view the below video for more information on the Pre-Trial Mediation Process.

If you are representing yourself, we encourage you to review the below resources.

How to Better Prepare for Your Case (Pre-Trial Mediation for Debt Claims)

Cómo prepararse mejor para su caso (mediación previa al juicio para reclamaciones de deuda)

Làm thế nào để chuẩn bị tốt hơn cho vụ việc của bạn (Hòa giải trước khi xét xử để đòi nợ)