When it comes to mediation the last thing you want is a message carrier handing numbers back and forth until each party settles on an agreeable dollar amount. Sure, that gets the job done at the end of the day, but were you and your clients served well?
Mediation must be more than just monetary proposals being sent from one room to the other. Otherwise, both you and your clients will leave feeling exhausted and unaccomplished.
Adam Curley is a Houston mediation attorney with extensive experience in a wide range of fields. In his first couple years as an attorney, he represented various residents and businesses that were denied or underpaid by insurance companies after losses due to hurricanes.
From there he dove into business litigation, business disputes, and large commercial transactions. He then opened up his own practice, handling a large range of cases and clients.
The combination of Curley’s experience and genuine desire to meet the needs of every party involved make him the mediation attorney you’re looking for. He will not only look at the monetary proposals, but help the parties’ become aware of their goals, needs, and interests surrounding the case.
This allows each party to gain a better understanding and perspective of each other, leading to the removal of emotional barriers that often prevent resolution. The parties’ can then see other paths to an amicable resolution.
So, having a Houston mediator like Adam Curley can help everyone walk away knowing that needs were met and goals were accomplished. Each party is then able to move forward knowing that they reached the best possible outcome.
What Is Mediation in Houston?
Mediation is a form of alternative dispute resolution. Trials can be long, expensive, and unpredictable. The parties to a dispute can use a mediator to end ongoing litigation or avoid it altogether.
A neutral and impartial third party will serve as the mediator for the two parties during the mediation process. A Houston mediator will facilitate discussions between the parties and work with them to develop a solution for everyone. Once the parties reach an agreement, they will typically sign a settlement agreement.
Mediation vs. Arbitration
Arbitration is another type of alternative dispute resolution that can help parties avoid litigation. Although mediation and arbitration both use neutral third parties, there are some critical differences between the two techniques.
The most crucial difference is that in arbitration, the arbitrator (or panel of arbitrators) will hear both sides of the dispute and issue a decision on the case.
Where mediation is a collaborative process, arbitration is more adversarial, like an actual trial. Arbitration can also be much more expensive than mediation.
Who Can Be a Mediator in Houston?
Technically, anyone can serve as a mediator in Texas. Although court-appointed mediators require a 40-hour training course, this requirement does not apply to private mediation.
Because of the lack of requirements, it’s essential to vet a potential mediator carefully. In general, a good mediator should meet the following guidelines.
In Houston, mediation with a lawyer offers a key advantage over non-licensed mediators. A law license shows that the mediator has met the minimum requirements to be a practicing attorney in Texas and has competent knowledge of Texas law.
A licensed attorney is also more likely to have the experience to mediate business law matters.
Good Houston mediators should understand the laws relating to the cases they take. It can be hard to facilitate a successful mediation if you do not understand the actual dispute.
For business disputes, a mediator should be familiar with business law concepts such as breach of contract, warranty claims, corporate governance, and employment law.
A good mediator needs to have the right personality and social skills. Due to the collaborative nature of mediation, a mediator needs to know how to listen.
Mediators should listen closely to the parties and understand their concerns. Only then can the mediator guide the conversation into productive avenues.
A good mediator also knows how to keep discussions civil or take a break when things become too tense. These soft skills can take time to learn, but they are essential to creating a collaborative environment.
Why Should You Use a Houston Mediator?
Mediation offers a way to resolve your case in a fast and effective manner. Mediation can also change the way the parties see the issue.
By switching from an adversarial framework to a collaborative one, you can take out some tension and emotion and start working on real solutions. Mediation is beneficial when the parties want to leave the door open for future business.
Another benefit of mediation is its cost. Arbitration can be costly. Litigation can be even more so, and costs can build up over time, especially with mountains of discovery requests. Mediation can offer a fast and affordable way to resolve the case before costs get out of control.
Talk to a Houston Mediation Attorney Today
Mediation can be a good option for resolving disputes, but only with the right mediator. Business disputes can get technical and complex. A mediator without real business law experience could end up causing more harm than good.
Adam Curley is an experienced business law attorney and mediator. Adam’s extensive knowledge of business law means he understands the cases he mediates. You deserve a knowledgeable and qualified mediator to help resolve your matter.
Contact the Curley Law Firm today to learn more.