While every contract mediation in Houston TX is unique in its own right, the following five stages occur in most sessions of contract mediation in Houston TX:
Ground Rules
The mediator lays out the ground rules for the mediation process at the beginning of the meeting. These rules often include showing respect to one another and not interrupting each other. The mediator also explains his or her role as a neutral facilitator and the confidential nature of the process.
Understanding the Conflict
The mediator meets with the parties one-on-one or together to try to understand the nature of the conflict and the underlying reasons for why it occurred, such as one party believing the other has not fulfilled the terms of the contract.
Narrowing the Issues
The mediator then determines what the parties agree on and what they do not. The mediator may summarize the main points of agreement and contention to ensure that he or she is on the right track.
Considering Options
The mediator will then flesh out possible options on how different issues can be resolved. The parties may be encouraged to brainstorm ideas and be instructed not to dismiss anything right away. The mediator may give the parties evaluation criteria to weigh whether particular options will likely serve their individual and mutual interests.
Agreement
The mediator has the attorneys for the parties draw up the agreement that the parties have made and has all parties sign it.
LAW OFFICE OF JOHN W. KELLY, JR.
