Mediation (please see below for useful links)

The law of the State of Texas (in Section 154.023 of the Civil Practice & Remedies Code) provides a good definition of MEDIATION:

"(a) Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.
(b) A mediator may not impose his own judgment on the issues for that of the parties."

In practice there are two kinds of mediators: (1) mediators who facilitate communication between parties without imposing their own judgment on the issues and (2) mediators who tell people what they should do to settle their dispute. Some attorneys prefer the second type of mediator because they are sometimes able to "dispose" of cases faster. While the second type might seem desirable at first glance, that type of mediator sometimes has difficulty remaining impartial (a mediator can't be neutral and give good advice to both sides at the same time).

A mediator who is also an attorney is not allowed to represent either one of the disputing parties in the mediation. Besides, it is a bad idea to accept legal advice from someone who is not your own attorney!

I believe that a mediator who knows how to help the disputing parties feel empowered to find their own solutions to their problems is a better mediator than one who merely tells people what to do. I want a mediator who is not afraid to help people deal with their emotions. Sometimes you have to get past the emotional hangups before you are ready to work in a more business-like manner.

The point of mediation is to be more in control of your own destiny. The idea is to avoid having an authority figure (like the Judge) deciding your future for you.

For more information about how mediation is done, please see my One-Page Overview of the Phases of Mediation. I have used this Overview in training literally hundreds of people in mediation.

For more information about how to prepare for a mediation and how to act during the mediation, please see my Suggestions for Achieving an Effective Negotiation, Mediation, or Collaborative Meeting page.

I have been a qualified mediator and a mediation instructor since 1990. Please see the MediationDynamics.com website for more detailed information about my mediation training courses. (Note: the links on this page which are not part of this website open in a new browser window.)

As the president of the Tarrant County Association of Mediators and the College of Texas Mediators, I am very familiar with the practice of mediation in this area. I am available to serve as a mediator when necessary, but more likely, I would serve as your attorney in a case that we take to mediation with another mediator since I can't be both your mediator and your attorney at the same time. If you really need me to act like both your mediator and your attorney at the same time, then you need Collaborative Law.

The best mediation center in this area is Dispute Resolution Services of North Texas, Inc. I have volunteered to mediate and train new mediators there for many years.

If you have a family-law dispute and need more assistance in reaching an agreed resolution, please see the page about Collaborative Law.

I would be happy to discuss your case briefly and estimate my fees by telephone. I DO NOT CHARGE for your first phone call with me! If you leave me a message on my answering machine, I will return your call as soon as I can.

- Mark W. Batchelder
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