Preston Goodwin
Attorney at Law & Professional Mediator

P.O. Box 8278
The Woodlands, Texas


The Mediation Process

A Brief Outline of the Mediation Process

Every mediation is different, just as every dispute and every party is different, with all having some basic similarities.

The Preparation
Prior to the beginning of the mediation, the mediator will usually want to review information from the parties and/or their attorneys. This information will usually include information from the Confidential Mediation Information Statement and operative pleadings if
there is pending litigation.

Utilizing the information received, the mediator can better determine the best way to proceed in the mediation.

The Process
The mediator will introduce himself, the parties, and counsel; and give a brief explanation of the process. The parties will be given an opportunity to explain their position to the other parties and the mediator. The parties may be given an opportunity to pose questions to the other parties, at the discretion of the mediator.

The parties will be encouraged by the mediator to develop different perspectives as to the dispute and alternative solutions to the dispute. During this period, the mediator may continue the joint session, or may choose to have the parties go into separate sessions or “caucuses.”

The Conclusion
After the parties have explored the various possibilities for resolving the dispute, and come to a resolution, the mediator will work with the parties and their counsel to formulate a Memorandum of Understanding, a Settlement Agreement or a Rule 11 Agreement that embodies the terms developed and agreed to by the parties.

This Agreement will be submitted by the mediator to the Court.

Should the parties not be able to reach a settlement, the mediator will notify the court only that the case did not reach a settlement with no other information.

After the Mediation
The mediator will continue to be available to the parties to discuss settlement possibilities even through the matter may not have settled during the mediation; and will assist the parties, if any problems arise in finalizing details of the settlement.

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