How is a mediator chosen for a case?
In Texas, mediation is a process where two parties in a dispute come together to settle their disagreement. A mediator is a neutral third-party who facilitates the agreement between the parties. In Texas, mediator selection can be either voluntary or court-ordered. When parties voluntarily choose to mediate, they can select their own mediator, but typically the parties use a qualified mediator who has experience and is knowledgeable in the area of the dispute. The parties may also use a referral service. This is when a professional organization or referral service assists in finding a qualified mediator for the mediation process. When a court orders mediation, the court selects the mediator. The court will look at the type of dispute, geographical location, gender, race, ethnicity, language and other factors when selecting an appropriate mediator. Generally, the mediator does not need to be a lawyer unless the court orders otherwise. When selecting a mediator, it is important to consider the mediator’s experience and knowledge of the dispute, their ability to remain impartial, their communication skills, and their ability to resolve the dispute in a timely manner. The mediator should also have the ability to provide an environment that is conducive to negotiation. It is important for both parties to feel comfortable with the mediator, and any agreement reached must be fair to both parties.
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