6060 N. Central Expressway | Suite 560 | Dallas, TX 75206 | (214) 800-2388    

Mediation In General

Mediation is a confidential and private process by which parties work with a neutral mediator in a mutual attempt to settle litigation or a dispute in its pre-litigation stage. Unlike the litigation process, the parties are in complete control of the mediation process and the outcome of their dispute. This control over the process empowers the parties to the dispute, as opposed to allowing a judge or jury make a final determination as to its outcome. This also saves both parties time, great financial expense, attorneys' fees, and emotional expense. For this reason, the parties' worst day in mediation may be better than the best day in trial. Mediation can be court-ordered, or purely voluntary.

The Role of the Mediator

The mediator serves first and foremost as an objective and impartial third party to facilitate communication between opposing sides of a dispute. The mediator also serves to identify the interests of all parties by listening closely to both sides, while keeping the confidential information of each side held in confidence.  Although each mediator has their own style or method, Paul Sartin practices in evaluative mediation.  In evaluative mediation, the mediator may use his knowledge and skill set to evaluate the dispute, offer opinions, and play a greater role in promoting compromise and settlement.  However, the mediator may not force or coerce a settlement between the parties.

The Mediation Process

Our practice is to allow the parties to choose whether to have an informal joint session to open the mediation. The joint session typically allows the mediator to set forth ground rules. The parties are allowed, through counsel, to set forth their respective positions and beliefs in the dispute in an opening statement. After the joint session, if any, the parties and counsel will be separated into conference rooms to confer and begin the process by meeting with the mediator. The mediator will then begin a series of individual meetings with each side while exploring options, identifying and aligning interests, and brainstorming with each side until a settlement can be reached, if possible.

Preparation is Key

We believe that the parties and mediator who are best prepared and informed concerning the case are in the best position to mediate and, hopefully, settle that case. To that end, the Firm immediately sends a packet and request for non-privileged documents such as Plaintiff's Petition, damages documentation, expert reports, and any other helpful documents that counsel wishes to provide when mediation is scheduled. We request that counsel send us as much informative, non-confidential documentation as possible prior to the date of the mediation so that we can best prepare and assist the parties involved. There is no charge for such preparation by the mediator.

Confidentiality Is Protected

Mediation is a confidential process. Communications between the parties and their counsel are confidential, as well as communications in private between one side's representative(s) and the mediator generally. In fact, Section 154.073 of the Texas ADR statute provides for this confidentiality in communications. Any record made at a mediation is also protected by the statute, and no court can compel the mediator to testify regarding such confidential communications or turn over such records.

Mediation Forms and Articles

Below are selected forms which the Firm uses in each mediation, as well as selected articles for counsel. Please contact our firm if you have any questions or concerns regarding their terms, or use.

1) Mediation Agreement;

2) A Primer For Counsel and Parties on the Mediation Process;

3) Some Do's and Don'ts of Mediation;

4) Our Mediation Intake Form (to be filled out by counsel)

Other Points

All mediations will take place at the offices and conference rooms of The Sartin Law Firm, P.C. in Dallas, Texas, unless otherwise agreed.  If it is necessary for a mediation to take place outside of the DFW Metroplex, travel time will be included at $100 per hour.

All of our full day mediations include complimentary lunch provided by the Stoneleigh Hotel’s Bolla Restaurant.   Any mediations performed on a pro bono basis do not include lunch.

Morning and full day mediations start at 9:00 am promptly.  Afternoon mediations start at 1:30 pm.  Half day mediations last four hours.  Full day mediations last eight hours.

Paul A. Sartin is qualified for court appointment as mediator in civil and commercial litigation cases, as well as creditors’ rights cases.

If the parties reach a settlement, their counsel shall be responsible for drafting final settlement documents.  However, the mediator will draft a Memorandum of Understanding to be signed by parties and counsel, and which reflects the basic terms and is enforceable pursuant to Rule 11 of the Texas Rules of Civil Procedure in a court of law.

Each side must have someone with full settlement authority present at the mediation, unless opposing counsel has agreed that your settlement authority contact may be available by telephone.

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