Mediation can often save tens of thousands of dollars in legal fees. Mediation can also resolve a case and allow people to go on with their lives. In a mediation, no one is ever forced to agree to anything. Any settlement can comes out of a mediation must always be completely voluntary. Additional information about mediation services can be found at the website for Foster Mediations.
Benefits of Mediation
Mediation can be used to help people resolve a lawsuit in a cost effective way that takes a particular situation out of the hands of a judge or jury and places it in the hands of the people that are going to be affected. What anyone goes to a San Antonio mediation, or a mediation in any other city, they are never forced to do anything. A mediator can not force a party to settle a case. A good mediator will help the parties explore and think about their cases and make sure that they are comfortable with the additional expenses of the lawsuit if they do not settle.
Mediation Process
In Bexar county and most counties in Texas, judges will require the parties to a lawsuit to go to mediation before they go to trial. All parties are required to mediate in good faith but no party can be required to make an agreement or settlement. Generally, the mediator will meet with parties separately and confidentially to explore the options with the parties. If the parties come to an agreement, the the mediator will prepare a written order for them to sign. A written signed agreement reached during mediation is enforceable in court like any contract.
Before the mediation, Texas mediator Stephen Foster will review anything that the parties believe is important and will generally speak briefly with the lawyers involved in the mediation. Stephen Foster believes that it is important to understand what the lawyers and the parties involved are trying to accomplish in the mediation so that he can help them meet their goals.
Duration and Cost of Mediation
A mediation session usually lasts from 3 to 4 hours, although the time can vary depending on factors such as the parties involved, how complicated the case is, whether or not the parties are willing to consider options, etc. A half day of mediation is $500, of which each party generally pays half at the time of the scheduling. In the event that the mediation takes longer than 4 hours, there is a charge of $100 an hour.
Who Should Attend a Mediation?
All parties to the case should attend the mediation as well as the attorneys. It is important that the people that have the authority to make decisions are present at the mediation. If a person has trusted advisors or loved ones that frequently help them make decisions, they can often help make a person more comfortable at the mediation and make the process go more smoothly.
Location
The mediation can occur at any location that everyone is comfortable. Stephen Foster has facilities available in downtown San Antonio at the Tower Life building that are suitable for a mediation. Generally, people use the offices and conference rooms of Simpson, Foster & Gold on the 24th floor of the Tower Life Building but there are other meeting rooms available on different floors so that in particularly contentious and volatile situations people do not have to be on the same floor.