The Big Three
Unlike mediation, this process involves a third party who acts like a judge and has the authority to issue a final, binding ruling.
What is Arbitration?
In Texas, this legal protection ensures that anything said in a session cannot be used as evidence later in court.
What is Confidentiality?
This step follows "Telling the Story" and serves two purposes which are checking for accuracy and providing the "power of empathy."
What is Summarizing?
In order for a mediation settlement to be legally binding and enforceable, it must be in this format.
What is written form?
This first stage is where ground rules, such as no interruptions, are explicitly established.
What is the Introduction?
This is the most informal method of ADR, characterized by the disputing parties talking directly to one another without an outside facilitator.
What is Negotiation?
To ensure the process remains voluntary, a mediator must never do this, even if they believe they know the "right" answer.
What is impose a decision or give legal advice?
By allowing parties to vent, mediation helps shift the focus away from who is at fault and toward this objective.
What is the future relationship or a future oriented solution?
If an agreement is only verbal, it generally lacks this status, making it difficult to uphold in a legal dispute.
What is Legally Binding?
During this stage, the mediator asks each person to explain "what happened" from their perspective.
What is Telling the Story?
Often found in sales or service contracts, this specific provision mandates that disputes be settled via arbitration rather than in a courtroom.
What is an Arbitration Clause?
This term describes the requirement that participants enter the room with an open mind, rather than clinging to a pre-determined outcome.
What is Good Faith?
A student demanding "I want a new locker" is an example of this; the mediator must look past it to find the "why."
What is a Position?
This specific part of the written agreement details the consequences if a party breaches their promises.
What is the Failure to Follow Through or Default clause?
This is the phase where the mediator helps parties tweak their brainstormed ideas based on shared feelings and reactions.
What is Revising and Discussing Solutions?
While similar to a trial, Arbitration is categorized as this because it lacks the rigid, formal requirements of a courtroom proceeding.
What is "Less Formal"?
A mediator cannot be called to do this in court, protecting the sanctity of the private mediation session.
What is testify as a witness?
This psychological benefit of mediation makes parties more likely to follow through on an agreement compared to a court order.
What is Investment in the Solution?
Mediation is often used for these three specific types of civilian disputes being domestic, property, and commercial.
What are Husband/Wife, Landlord/Tenant, and Consumer/Business disputes?
Creative options, such as periodic payments, are examples of solutions that are often not available through this traditional system.
What is the Court System or Litigation?
This distinction determines whether the parties are legally "bound" to follow the arbitrator's decision or if they can still pursue the matter in court.
What is Binding vs. Nonbinding Arbitration?
During the Introduction, a mediator must verify this specific status of all attendees to ensure any reached agreement is actually viable.
What is decision making power or the authority to settle?
During Identifying Alternative Solutions, the mediator performs this task to maintain transparency before evaluating the options.
What is creating a list or recording of all possible solutions?
Entities like the American Bar Association or the Harris County DRC are notable because they offer this specific benefit to the community.
What is Free or low cost mediation services?
To move from positions to interests, a mediator must uncover the underlying reasons for a process that happens during this specific summary heavy stage.
What is Identifying Positions and Underlying Interests?