CFR Mediation offers divorce, family, business, civil, and workplace mediation services throughout the US. Our mediators are local, expert, and experienced professionals who are committed to resolving conflicts efficiently and effectively.
Posts Tagged ‘Dispute Resolution’
Everyone, at some point, ends up in a conflict with someone else. And, despite what it may seem like at the time, no one likes being personally involved in a heated dispute with another person or entity: if the outcome did not matter the conflict could not really exist as it would no longer be “fed” by the disputants.
Conflicts come in all shapes and sizes – from those that cannot really be addressed to those that must be addressed. Although it may not seem that there is always an option, choosing how to respond to the dispute can have a significant affect on the outcome. (more…)
Mediation, as a viable form of conflict resolution, has gotten more attention over the years. However, many remain unaware of the scope of conflicts that can be effectively effectively mediated. Mediation is an appropriate initial means of intervention for most conflicts.
Mediation is an optimal means (more…)
CFR Mediation offers a full range of mediation services including civil, workplace, and divorce mediation services in Texas, including Houston, the greater Dallas area, Richardson, McKinney, Plano, Fort Worth, Frisco, San Antonio, and Waco.
Our Texas mediators include some of the most experienced neutrals available, they include:
- With over 30 years experience as a litigator, this attorney has been mediating for over 25 years. One of the first family law attorneys to expand his legal to include mediation. His current practice includes the mediation and arbitration of complex marital cases and business disputes, as well as the practice of law as a collaborative law practitioner in the field of family law.
- A professional mediator who has been practicing mediation for 25 years. She first started as an alternative dispute resolution professional with the U. S. Department of Justice as a Civil Rights mediator in 1985, and currently works as a mediator and trainer of mediators around the country. She has successfully mediated over 1200 cases and has achieved the status of “Credentialed Distinguished Mediator” through the Texas Mediator Credentialing Association.
- An attorney and educator with 20 years experience, she maintains a practice focusing on mediation of all disputes, including all types of family law disputes. She has achieved the status of “Credentialed Distinguished Mediator” through the Texas Mediator Credentialing Association.
- A professional mediator with a Master of Arts in Dispute Resolution. In addition to her work intervening in conflict, she also provides conflict management trainings for Fortune 500 companies, churches and schools. She is available to mediate a variety of conflicts including divorce, family, and business conflicts.
- An attorney with over 40 years experience as a lawyer, who has personally mediated over 1000. In addition to his practice, He is an adjunct college professor, a volunteer mediator, and member of the board of directors at Montgomery County Dispute Resolution Center.
- A professional mediator with a Doctorate in Conflict Analysis and Resolution, who works as an arbitrator, facilitator, negotiator, and ombudsman with over 2,000 hours of training, teaching, and practice. Although mediating a variety of cases, a particular interest of is elder care and special needs mediation. She is well versed in community resources and opportunities to help families have quality conversations and make informed decisions. In addition, she is also certified as a Nationally Registered Guardian and Texas Registered Guardian.
For those in Texas, experienced mediators are available to resolve all kinds of disputes, including divorce, parenting & child custody issues, family conflicts, wills and probate, business or civil disputes, workplace conflicts, and property disputes.
If you would like to learn more about our mediation services in Houston, the greater Dallas area, Richardson, McKinney, Plano, Frisco, Waco, San Antonio, and Fort Worth, Texas or our other locations, please contact us for a no obligation confidential consultation.
Mediation, a type of alternative dispute resolution, is a method of resolving disputes in which individuals or groups in conflict meet with a neutral person (mediator) who assists them reach an agreement that resolves the dispute. The mediator remains neutral and does not judge, determine merit, or favor one side over the other.
It is a confidential voluntary process, where all agreements are reached by those most impacted by the conflict or dispute and the outcome. Mediated solutions are typically seen as “win-win” solutions to conflicts or disputes.
Some important aspects of mediation:
- Resolution is always voluntary. Those who participate generally choose to participate. And in most instances can be ended, by either party, at any time. More and more divorce or child custody cases (as well as other types of lawsuits) may be referred to mandatory mediation. Although mandatory, any agreements reached continue to be voluntary.
- The parties agree to the resolution of the dispute. No one comes out of mediation with an order to do something they have not agreed to.
- Mediated agreements are as legally binding as any contract. In addition, since the agreements are reached with the full cooperation and involvement of the parties, adherence is greater than judgments rendered through the litigation process.
- An effective mediator facilitates communication. Often those who come to mediation are absolutely unable to discuss the conflict calmly. The presence of a mediator (a neutral third party) tends to mitigate the communication difficulties, and an effective mediator actively guides the parties towards a cooperative solution.
- Mediation is cost effective. Mediation tends to be significantly less expensive than litigation. When people chose to resolve disputes through the more traditional means of each getting lawyers, the fees almost always are higher and the process significantly longer. What can take 6 to 10 hours of mediation can take ten times that amount in billable time for attorneys, which equals $10,000′s of in attorney fees.
- Confidentiality & Privacy
- Why Divorcing Couples Should Try To Mediate Their Divorce First
- Arbitration vs. Mediation
- An Alternative to Business Litigation
- So Just What Am I Entitled To?
- The Savings – Cost of Divorce
- How Long Does It Take To Mediate?
- CFR Divorce Mediation Services
- Who Wins? Mediated Solutions Are Win-Win
Mediated resolutions means agreed to solutions to conflicts or disputes. For mediation to be successful, all disputants must voluntarily agree to the terms of the resolution. The mediator, a neutral, assists disputants create a resolution that works for them, without judging or forcing anyone to do or agree with anything.
Even if you cannot agree on everything in mediation, you will probably be able to agree on some things. Each issue that you resolve in mediation translates into less time in court, less legal fees and less stress for you.
Having a neutral third party who is a trained expert mediator facilitates the process. The mediator helps guide the parties towards resolution, maintain focus, and separate out the interests from the emotional positions.
And, for those conflicts or disputes that cannot be resolved in mediation, at least you understand what the specific issues are, and specifically what needs to be addressed. In addition, you will know you tried your best to reach an agreement before resorting to court intervention.
Sometimes new information, proposed solutions, or the passage of time makes it possible to resolve a previous point of dispute. So even if mediation does not address everything in a session or two, you may be able to resolve it a week or a month later through additional mediation, without having to go to court. It is always possible to schedule an additional mediation session at a later date to revisit a particular conflict point.
Whether you are looking at divorce, a business dispute, personal injury, or any of the other myriad of conflicts that are ripe for mediation, the first step you should take – and the most important question you should ask – is, “what is it that I truly want?” Going into the mediation session with this question answered can help you slice through all the extraneous issues and lend to making your mediation the most effective tool it can be to get you to a resolution.
Another good way to get ready for your mediation is to do a little research. The internet can bring the knowledge of the world right to your desktop; take advantage of this resource to verse yourself in things like the mediation process, what to expect in your situation, and the vocabulary generally used in your dispute. A little time spent making yourself comfortable in the topic area of your conflict will pay off in making you more confident at the mediation – it will also help you narrow your focus on the outcome you truly seek.
Along with doing some general research to prepare yourself, also do your homework on your own emotional positions. Set a goal for what you want to accomplish and go into the mediation knowing what you want, and more importantly, why you want it. If possible, try to talk to others who have gone through the process, use what worked for them and their experiences to help formulate that demands and goals you will approach the mediation with. Access some conflict coaching to better understand your interests versus your emotional positions.
Being prepared also helps you go into the mediation in a interest-based “thinking mode”, rather than an emotional “reactive mode”. The difference between thinking and reacting is that when one is thinking – their contemplative self is assessing the situation and evaluating options in order to reach a feasible outcome. Contrariwise, reacting is an emotional response when one is not prepared. When our emotional core reacts spontaneously to information, especially if that information is stress inducing or unpalatable, the outcome is generally rash and often over-the-top. These emotional reactions is just the opposite of what lends to an effective mediation. Preparing beforehand allows you to sit down at the mediation table having thought out the different sides or facets of the conflict – and with a goal in mind, avoid emotional reactions that can jeopardize the success of the mediation.
Take the time to be prepared for your mediation. You have made a good choice in deciding to take your dispute the mediation route, and will give your conflict the greatest chance of being swiftly resolved when you come to the table with a little preparation.
Of all personal injury type cases, medical malpractice cases can be the most expensive and time consuming to take to trial. The litigation process in medical malpractice matters call for extensive record review and the opinions and testimony of expensive medical experts. In an effort to bring a speedier and more cost-effective resolution to medical malpractice claims, Connecticut has passed a statute requiring that all medical malpractice cases be referred to a 120 day mediation period.
Under Connecticut’s program, the presiding judge in a medical malpractice matter would conduct the first mediation. If the case failed to be resolved at this initial session, the parties could then agree to continue the mediation process. The stated purpose for Connecticut’s programs is to achieve a prompt settlement or resolution of the civil action.
Connecticut’s push for mediation of medical malpractice claims is a concept that can be applied everywhere. The goal of mediation in general is to provide parties with a forum to move ahead with prompt and amicable settlement of their disputes; without incurring the deep expense traditional litigation tends to generate.
Instead of the protracted journey that a medical malpractice claim can be, complete with lengthy and expensive depositions of expert witnesses, and extensive document review, consider mediation up front. Bringing all the parties to the table, with the assistance of a neutral mediator, can result in a swift outcome. Once the parties become engaged in a discussion of the bare facts of their dispute, a solution often becomes clear. Reaching this point at the beginning of a dispute, rather than waiting until the drawn-out litigation process has begun, can result in the parties resolving the claim with a result everyone involved can feel positive about and with a substantial cost savings.
“I’ll see you in court!” It is practically expected that if a conflict is to be resolved it will resolved in the courts. Litigation: both sides retain legal representation: the lawyers fighting things out, each side working to win and making the other side lose.
Litigating (going to court) is an adversarial process where each attorney or lawyer is charged with achieving the best result for an individual client. Not all litigated cases end up in trial, however the adversarial process of litigation starts long before a trial occurs.
An attorney, acting as legal counsel, is tied to one person and is ethically bound to place their needs/wants of his or her client over those of the other party. This automatically creates a heightened level of conflict, which drags the resolution process out, increases the costs, and takes much of the control of the process and the outcome from those actually personally involved in the dispute.
Too often, the traditional litigation process makes everything a bargaining point. Parties in conflict going through litigation are encouraged to think in terms of “yours and mine”, versus focusing on means to resolve the dispute and move forward. For example, in divorces and custody disputes, parents may find that holiday time with their kids become a “card to be played” to increase financial support or speed up the process of dividing property.
In addition to the increased discord that occurs in the litigation process is the increase in financial and other costs. It is not unusual for disputes that seem at the onset fairly simple to escalate into thousands of dollars. There are non-monetary costs as well.
There are, of course, some instances where litigating or turning to lawyers is the best choice. However, in general it should not be assumed that “taking someone to court” is the best way to solve whatever conflict arises.