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If you've never been in mediation, there can be many questions and uncertainties. The Texas State Office of Administrative Hearings has put out an article that can help to answer most of those! Any lingering questions can always be answered by your mediator, so never hesitate to reach out to them for further guidance.

Guide to Mediation at the State Office of Administrative Hearings | State Office of Administrative Hearings Breadcrumb Home Guide to Mediation at SOAH Purpose: To provide the public with information regarding the mediation process at SOAH. Legal Cites: 1 Texas Administrative Code §155.351 Guide: ADR 8700 Mediation - What to Expect A mediator may schedule a confidential, pre-mediation telephone call to sp...

The words "eminent domain" and "condemnation" illicit many emotions - none of which are good! When communication breaks down between landowners and companies, relationships crumble and costs skyrocket.

A great alternative to the condemnation process?

MEDIATION; offering the chance for the parties to be heard in a neutral environment with a mediator who guides the negotiations, preventing further escalation of conflict and aiding in exponentially reducing the costs associated with eminent domain condemnation processes currently used through the courts.

Mediation has become popular within the court system, often being required before a case will be put on the dockets. Did you know mediation can also be done without a court order? If you’re in need of a neutral mediator to preserve relationships, as a resource option to keep from beginning condemnation proceedings, or simply to settle an issue between neighbors, ASVN is here to help! Call, email, or message us if you have questions about options available for your specific needs! Here at ASVN, LLC we’re happy to help!

"Effectiveness of Mediation

Why is mediation popular? Because statistics show that it works. Depending on which numbers you believe, 70-80% of cases settle in mediation. Attorneys know this and encourage their clients to mediate with an open mind. In fact, when a client is recalcitrant and unreasonable about settlement, attorneys can become quite annoyed—and the reason is that lawyers know better than anyone how a trial can consist of rolling the dice. Trial practice is a branch of chaos theory. No outcome is ever assured in the legal system, no matter how determined the client or how capable the attorney.

Mediation promotes predictability and certainty, but this requires compromise. You do not win your case at mediation. In fact, a good mediation is by definition one in which both sides leave unhappy. Clients find this difficult to accept. Remember, the legal world is not the same as the real world. Clients who rebel against the mediation process and insist on total victory based on principle often lose in the end.

The mediator always asks if all parties are ready and willing to mediate in good faith and work toward a settlement with an open mind. This readiness is the foundation of both mediation and dispute resolution generally, and the mediator will request that the parties make an unconditional commitment to do this. Additionally, it is important to determine that persons present have authority to settle the case. Otherwise, the process can be futile.

It is a rare case when a party is justified in refusing mediation. However, if good grounds exist for doing so, the judge (after motion and hearing) can waive a mediation requirement. Judges do not like to do this for two reasons: first, they are seasoned realists who know that most cases do and should settle; and second, it assures that another case will be added to an overburdened trial docket. Do you want to alienate the judge? Object to mediation in your case. Many lawyers consider a party’s refusal to mediate in good faith to be grounds for attorney withdrawal."

Mediation is a great tool to help resolve issues, the courts have found it a great boon to keeping the dockets from being delayed and backlogged, and those who have actively participated in good faith have found they were able to have more control over the results than if a judge decided the outcome. Here at ASVN, LLC we have experienced mediators who can help guide the process and assist you in drawing up the agreement that you create. Visit us at www.asvntx.com to learn more!

📜credit: https://lonestarlandlaw.com/mediation-in-texas/
📸credit: https://www.prettydesigns.com/30-helpful-life-quotes/

Day 1 of the TAM (Texas Association of Mediators) has been AMAZING! Such knowledge and incites shared in beautiful San Antonio. ASVN, LLC strives to stay connected with the community and our peers so we make sure to offer the best to those we serve! More to come! Thank you for such a great conference and wonderful opportunity! Looking forward to volunteering with multiple DRCs throughout Texas!