Bastine Resources Mediation Firm

Mediation

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Mediation is a process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. It gives the parties a chance to really negotiate among themselves.  The mediator may suggest ways of resolving the dispute, but may not impose the mediator's own view on the issues.  The mediator does not have the authority to decide any issues for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties to achieve settlement.
 
The parties are responsible for negotiating their own settlement. The parties must understand that the mediator will not and cannot impose a settlement of their case and agree that they are responsible for negotiating a settlement acceptable to them. As a mediator I'm an advocate for settlement, and will use every effort to facilitate the negotiations of the parties.  I do not warrant or represent that a settlement will result from the mediation process.  If either of the parties have a representative, the representative must have the authority to settle.  The representative must also present a document stating their name and address along with a notarization. When parties agree to mediate their dispute that means they are committing to participate in good faith with the intention to settle, if at all possible.
 
Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator.  All records, reports or other documents received by a mediator while serving in that capacity shall be confidential. The mediator will not testify or divulged any information in regard to the mediations any adversary proceeding or judicial forum.  Any party, that violates this agreement shall pay all reasonable fees nd expenses of the mediator and other parties, including reasonable attorney fees incurred in opposing the efforts to compel testimony or obtain records from the mediator.  The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding such as the following: (1) Proposals made or view expressed by the mediator; (2) Views expressed or suggestions made by another party with respect to a possible settlement of the dispute; (3) The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator.
 
There will be no stenographic record of the mediation process and no person shall tape record any portion of the mediation. No subpoenas, summons, complaints, citations, writs or other process may may be served upon any person at the mediation or leaving the session.  If for any reason the parties do not come to a settlement the mediation will come to a close after trying to fully work towards the settlement in the time that you have request the mediation session. The mediator shall not be liable to any party for any act or omission in connection with mediation conducted under these rules.  As a mediator I will interpret and apply to these rules. 
 
 

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Why Mediation Works

  • Mediation provides a safe environment for negotiation 
  • It gives the parties a chance to focus on exploring productive avenues to resolve their issues 
  • Mediation provides the opportunity for all parties to meet at the bargaining table for the express purpose of discussing settlement
  • During the mediation session, each party is given the opportunity to directly educate and influence their opponents in the opening presentation 
  • The mediation session allows each party to convey a settlment proposal by privately conveying the proposal to the mediatior in a caucus
  • It works because it brings the parties together so they can realistically evaluate their positions and safely explore a settlement

Conclusion

  • Mediation works, it works because it brings the parties together where they can "realistically" evaluate their positions and safely explore settlement options
  • A lot of the parties realize that they would really like to be the ones to say how their dispute is going to be resolved
  • Mediation has become widely recognized in helping to settle disputes

 

Arbitration

Arbitration is a well-established and widely used to end disputes.  It is one of several kinds of alternative dispute resolution, which provides parties to a controversy with a choice other than litigation.  Unlike litigation, arbitration takes place out of court.  When you choose arbitration the two sides select an impartial third party, known as an arbitrator.  This means that the parties have agreed in advance to comply with the arbitrator's award, and that when they participate in the hearing at which both sides can present evidence and testimony.  The arbitrator's decision is usually final, and courts rarely reexamine it.

Arbitration has many advantages over litigation in courts.  Efficiency is perhaps the greatest, easier, cheaper and faster.  Often proponents also point to the greater flexibility with which parties in arbitration can fashion the terms and rules of the process.  Arbitrators can be lawyers, but they do not need to be.  They are often selected for their expertise in a particular area of business, and may drawn from private practice or from organizations. The decision to use arbitration cannot be made lightly.

Arbitration is considered binding, parties who agree to arbitration are bound to that agreement and also bound to satisfy any award determined by the arbitrator.  Courts inmost jurisdictions enforce awards, they allow little or no option for appeal, expecting parties who arbitrate to assume the risks of the process.  Arbitration is subject to the legal doctrines of Res Judicata and Collateral Estoppel, which together strictly curtain the option of bringing suits based on issues that were or could have been raised initially.  As arbitrator my award is give twenty (20) days after the hearing.  

 

 

3730 Kirby Dr., River Oak Tower; Suite 1200 #227;  Houston, Texas 77071; Phone: (832) 921-9085
Fax:1-800-796-7793

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