Mediation Rules

Goal

Texas Statute defines the goal of mediation is "to promote reconciliation, settlement, or understanding." The focus of mediation focuses on gaining a better understanding of issues, and taking the opportunity to see the other person's perspective. Understanding creates the opportunity for reconciliation or settlement. Mediation is voluntary, and a participant may end the mediation at any time.

Legal/Financial Advice

The mediator cannot provide legal or financial advice to either party. The mediator is neutral and will not advocate for either party. If the need for legal and/or financial advice arises during mediation, you will be allowed time to acquire outside advice.

Confidentiality

Parties understand that the mediation is confidential and that they will not call the mediator(s), staff, or others affiliated with the process to act as witness in any administrative proceeding or in any court of competent jurisdiction. Parties also agree that any party violating the confidentiality requirements of state and federal law and this agreement may be requested to pay all fees and expenses of the mediator and/or Texas Tech, including reasonable attorney's fees, incurred in opposing the efforts to compel testimony or records.

Participation and Disclosure

Parties are expected to communicate openly, to share all information pertinent to the issue(s), and to complete assignments as required by the mediator. Common courtesy is expected of the parties and shall be exercised during the mediation.

Participation of Other Parties in Mediation

In order to assist the parties in reaching an agreement, it may be necessary for the mediator to interview other persons. If such a need arises, the mediator will discuss and inform everyone involved. Such discussions are confidential unless otherwise agreed between the participating parties.

Session Attendance

Parties are expected to attend all mediation sessions scheduled by the mediator.

Individual Meetings

At times, the process of mediation may require the mediator to hold individual meetings with the parties. Such information shared during these meetings is confidential unless approval is given by the appropriate person(s) to share such information.

Notification of Settlement

The mediator may report to the appropriate administrative authority on the dates/times of mediation and if an outcome was reached during mediation. The mediator will do so in a way that does not disclose confidential information and will not make any reports of findings of the mediation.