What guidelines should parties follow when engaging in mediation?

When engaging in mediation in Texas, parties should follow a few important guidelines. First, parties should understand that mediation is a voluntary process designed to facilitate a resolution between them without a court decision. They should also be aware that the mediation will be confidential and that any information provided during mediation cannot be used against either party in a future proceeding. In addition, both parties should prepare by knowing what their issues are and by having all relevant documents on hand. Parties should also be honest and open during the mediation and make sure that each one understands the other’s side. The parties should also make sure to be respectful towards each other, listen to what the other party is saying, and make sure the other party understands what is being said. It is important to remain focused on the issue at hand and not to become personal in the discussion. The parties should also be prepared to compromise in order to reach an agreement. Although one party may not get everything they want, a successful resolution can usually be found when each one is willing to make concessions. Finally, the parties should remember to come to the mediation with the goal of reaching a mutually beneficial agreement. This means communicating openly and honestly, so that each party truly understands the positions of both sides and can work together to find a resolution that is satisfactory to both.

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