Mediation
- Member of the San Antonio Chapter of the American Board of Trial Advocates
- Completed the 40 hour Basic Mediator Training at the Attorney-Mediators Institute in March of 1997
- Mediated hundreds of cases since 1997
- Conference rooms to accommodate up to four parties
- Conference room designed for power point presentations
- Features audio and video
- VGA compatible
- Wireless internet connection available
- Schedule full day or half day mediations using online calendar or call the office administrator, Mary, at (210) 490-2031 to schedule by phone
- $600 per party for a half day mediation or $1250 per party for a full day mediation
- Lunch is provided for full day mediations
General Mediation Description For Clients
The purpose of mediation is to gather all parties involved in a claim or lawsuit together in an attempt to resolve disputes through a negotiated settlement. The mediator will direct the mediation. The mediation has two parts:
(1) a general session in which the parties, their attorneys and representatives, and the mediator get together to set the stage for the mediation; and (2) private sessions, in which the parties and their attorneys go to separate rooms in order to discuss offers and demands for settlement.
In the general session, the mediator will normally open with a statement about the function of mediation, the uncertainty of jury verdicts, and a brief description of the mediator’s background. The attorneys for each party are invited to make a brief statement of their case. Neither the parties or their representatives will be asked any questions, and they do not have to say anything in the general session unless so directed by their attorney. During the general session, the attorney representing each party may make comments about the case that the opposing party will disagree with. The contrary statements should not be taken as a personal attack. It is important for each side to hear and understand the case from the opposing party’s perspective.
After the general session, each party and their attorney will separate into individual caucus rooms. The mediator will probably begin the negotiations with the plaintiff, where a offer for settlement will be made. The mediator will then take the offer to the defendant(s)’ representatives and they will propose a counter offer. Negotiations will continue until the case settles or an impasse is called by the mediator. A binding mediation agreement will be signed by all parties if the case is settled.
In formulating the demand to be made, each attorney will understand that the plaintiff’s initial demand is nothing more than an invitation to negotiate.
In making their first offer, the defendant is doing nothing more than signaling a willingness to negotiate. The parties should not be discouraged where the negotiations begin, but allow the mediation process to identify contested issues of fact and law and hopefully, through open minds and hard work, result in a negotiated settlement.
