If a party is represented by an attorney, the participation of both the attorney and the client is essential to mediation. All natural persons who are parties must be present for the entire process. Any party who is not a natural person must be present through an officer or other representative (not including counsel) who has authority and discretion to meaningfully negotiate a settlement. If a non-party insurance company has control over settlement within policy limits for an insured party, the insurance company should also be present through a representative with authority and discretion to negotiate a settlement up to policy limits.
Mediation is fundamentally an assisted settlement negotiation. The proceedings are private and confidential. Communications to the mediator are also confidential unless permission to disclose is expressly given by the parties. As mediator, I will facilitate settlement negotiations between the parties, but will not impose a settlement upon anyone and will not act as an advocate for any party.
Please be aware that I have a cancellation and rescheduling policy.
The mediation fee includes the following:
Scheduling and administering the mediation
Any pre-mediation attorney conferences
Preparations for and conducting the mediation
Conducting post-session telephone facilitation as needed
Refreshments for all present
Lunch for all present at full-day mediation
In order to expedite the mediation, please deliver or fax to me at my office at 5300 Memorial Drive, Suite 890, Houston, Texas 77007, Fax Number: 713/862-1002, a statement containing the following information about the case:
The basis of your client's claims and/or defenses
The nature and amount of damages of other relief being sought
The nature and amount of liens or claims being asserted by third parties
The amount of available insurance
Whether or not there are any authority or coverage problems
The status of prior settlement negotiations
The names, and status with respect to the lawsuit, of those persons who will attend the mediation on behalf of your client
Please include in what you send to me any excerpts from documents or depositions which you feel support your client's view of the case.
Unless you request of me otherwise, at the conclusion of the mediation, I will notify the Court that the case settled, did not settle, or that we are continuing to work towards resolution.
