Wednesday, July 22, 2009

How to Work With a Small Claims Court Mediator in Texas

Mediation is a process in which a neutral third party sits down with persons involved in a dispute and facilitates negotiations between them. Many judges prefer mediation to the trial process, especially for small claims matters, according to the Journal for Consumer and Commercial Law. In Texas, the judge must order mediation before litigants can engage in it.

Instructions

    1

    Request that the judge handling your case assign a mediator. Texas law requires that the judge order mediation if he sees it as a viable alternative to the trial process; if he does not order mediation on his own, you or your attorney can suggest it.

    2

    Attend the mediation meeting on the appointed date and time. Answer the mediator's questions honestly so that he can hear your side of the dispute.

    3

    Listen to the mediator's explanations of your legal options. Do not get upset or stop listening if you think an option would not be good for you. Discuss the issue calmly with the mediator and the other person involved in the dispute.

    4

    Agree to an option only if you think it is right for you. If you are not comfortable with any of the options, tell the mediator honestly. Discuss the issue further and see if you can come to an agreement. If this is not possible, the mediator will tell the judge only that you and the other person reached an impasse and the trial will continue.

    5

    Read over written agreements prior to signing them. Ask questions if you don't understand something or need clarification. Sign the written agreement once you understand it fully and agree to all terms. The mediator will submit it to the judge for approval. Once it is approved, your case ends.

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