| Mediation | Mediation is the process of assisted settlement negotiation, under procedures and rules established by Texas statute. Parties to a dispute participate in a confidential settlement process facilitated by an experienced and trained Mediator. Mediation is a non-binding procedure, whose results become binding if an agreement is reached and formalized by the parties at the conclusion of the session. Through mediation, many cases are resolved to the satisfaction of the litigants—generally resulting in the savings of considerable time and expense and the resolution of risk—as well as in the conservation of judicial resources.
Unlike most trials, mediations can often be concluded in a single day. All parties and their counsel are present, and much of the day in spent in private caucus sessions with the Mediator working separately with each party and their counsel. If the mediation is unsuccessful in resolving the dispute, the case simply proceeds to court with no change in the litigation circumstances.
At Cotten Schmidt LLP, Brent Brown and Brian Esenwein frequently serve as Mediators, both by direct Court appointment or through the selection by and agreement of counsel. Cotten Schmidt’s mediators have extensive experience and expertise in commercial litigation, medical malpractice, and personal injury matters.
Mediations are generally scheduled for a full day, but in appropriate circumstances a half-day may be arranged. Mediation rates are available to interested parties.
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