Mediation Resources

How to Prepare for Mediation in Texas

Mediation is one of the most effective ways to resolve a dispute in Texas, and good preparation can make the difference between a stalled session and a lasting agreement. Texas courts often order mediation before trial, and the Texas Alternative Dispute Resolution Procedures Act encourages parties to resolve conflicts through confidential, voluntary settlement.

Start by organizing your documents. Gather contracts, correspondence, financial records, invoices, photographs, and any other materials that support your position. If damages are involved, know how they were calculated and be ready to explain them.

Next, think honestly about your goals. What outcome do you need, and what would you be willing to accept? Consider the costs of continuing the dispute, including attorney's fees, time, stress, and the uncertainty of a decision by a judge or jury. Understanding the strengths and weaknesses of your case will help you make informed choices.

If you have hired counsel, meet with your attorney before the session to discuss strategy, settlement ranges, and who has authority to approve an agreement. Anyone who needs to sign off on a settlement should attend or be available.

Under Texas law, communications made during mediation are generally confidential, which allows open and candid discussion. Come prepared to listen as well as speak.

Finally, keep an open mind. If you reach an agreement, it will usually be put in writing and signed. A written settlement agreement is generally enforceable in Texas like any other contract.

Ready to move forward? Contact Randy Bullis today to schedule your mediation or to discuss how he can help you prepare for a productive session.