Frequently Asked Questions

In mediation, a neutral third party facilities communication between the two or more disputing parties.  Mediation is one of several dispute resolution procedures available to help individuals and groups resolve conflict.  The goal of mediation is to reach an agreement that the participants find reasonable and in their best interests.  Mediation can provide a time and cost effective alternative to legal action.

Mediation allows two or more parties to participate in a process to resolve a dispute.  It is often used as an alternative to legal action.  It allows people a higher level of control over the decisions about their dispute, and it can save a considerable amount of time and money when compared to litigation.

Keep your dirty laundry out of court

Closure and moving on

Providing groundwork for future communication/working relationships.

A mediator directs a process that promotes productive communication so that participants can discuss their dispute in a safe and neutral setting.  The mediator’s role is not to determine who is right or wrong, or to make any decisions about how to resolve the dispute, but rather to facilitate communication.

You will have an opportunity to talk about your dispute without any interruption.  The mediator will ask questions, clarify what has been stated, and assist both parties in determining the important issues and options for resolving the dispute. 

After discussing options, the participants will decide what agreements they would be willing to make in order to resolve their dispute.  If an agreement is reached, the mediator will record it and make sure it says what the participants want it to say.  Each participant will sign the agreement and receive a copy to take home.

The mediator is bound to keep confidential everything that is said during the mediation.  The mediator will destroy all written notes taken during the mediation.  There are exceptions to the confidentiality agreement, generally surrounding the legal requirement to report suspected abuse.

The length of the mediation is determined by the participants’ ability to communicate productively and the complexity of their dispute.  A mediation may last a few hours or require multiple sessions.

Mediation at the Bexar County Dispute Resolution Center is provided at no cost.  Mediation with a private practice mediator have a wide range of fees.

Mediators generally attend a 40 hour basic mediation training course.  An additional 30 hour family law mediation course and many advanced mediation courses are available.  Although there is no licensing system for mediators, the Texas Mediation Credentialing Association (TMCA) is an organization that offers mediation credentials at several levels.

While they are not required in most mediations, attorneys can be very helpful as information resources.  Some instances in which attorneys can be helpful are in family disputes (i.e. Legal issues surrounding divorce) or any kind of dispute in which legal information may be needed.

The courts have recognized the value of mediation, and in some cases will order the parties to use mediation in an effort to resolve their disputes.

Counseling is focused on relationship, on understanding and dealing with your feelings.  It can help you change behavior patterns and work on communication with a partner or family member.  In mediation the focus is on practical and legal aspects.  The structure of mediation helps provide a safe place to work out disputes together and enables people to focus on achieving a mutual agreement that is beneficial to all parties involved.

Simply put, an arbitrator will make a decision based on what you’ve presented.  A mediator will not decide who is right and who is wrong.  They will remain neutral and will help you come to a mutually agreed upon outcome.