Mediation is a method of resolving disputes in which a trained neutral facilitator attempts to assist the parties to the dispute in reaching a mutually acceptable resolution. While the exact procedure for the mediation can vary, mediation is generally a confidential and informal process. Mediation differs from other forms of dispute resolution in that the facilitator does not decide issues of fact or impose a resolution on the parties.

    Experience shows that a trained neutral facilitator is frequently successful at helping disputants reach a resolution of various types of disputes.

    Mediation is generally less time consuming than litigation. Mediation sessions generally last a day, or even a half day, as opposed to several days, or even weeks for a jury trial.  As a result, mediation is typically less  expensive than litigation. This is true since mediation does not involve as much legal paperwork as litigation, and due to the fact it is less time consuming. 

    Perhaps more importantly, mediation removes the uncertainty associated with litigation. Since the agreement reached in mediation must be accepted by all of the parties, it avoids the uncertainty inherent in the jury system.

    Mediation is different from Arbitration. In arbitration, a trained neutral decides disputed facts and develops a resolution to the matter.  In mediation the neutral attempts to help the parties reach their own settlement of the matter.  Disputed facts are not necessarily ever resolved.

    While the mediator does not impose a binding settlement on the parties, the process is designed to lead to a signed written agreement.  Such agreements are binding on the parties.

    Litigation Mediation is the mediation of a matter which is currently pending in court.  Pursuant to Texas law, mediation can be ordered by the Court in any pending case, or it can be agreed to by the parties to the matter.

    Pre-litigation Mediation is mediation conducted before any party has filed a lawsuit regarding the subject of the dispute.  Pre-litigation mediation can help the parties resolve a matter without extensive legal costs.  In some situation, pre-litigation is required by law or contract prior to filing a lawsuit. 

    Pre-litigation Mediation can be initiated by contacting the other essential parties to the dispute, proposing the mediation, and agreeing on a mediator and mediation date.  In addition, many mediators, including Davis McCown, will notify the other parties of the desired mediation and make the necessary arrangements for the mediation.