MEDIATION | Negotiation with Heart
HAS YOUR CASE BEEN ORDERED TO MEDIATION?
Mediation is now required of most if not all civil actions in Bexar County. Parties voluntarily agree to mediate their dispute and commit to negotiate in good faith and disclose all relevant information. The mediation process is voluntary and any party as well as the mediator may end the mediation process at any time for any reason. The mediator is a neutral third party whose goal is to guide the process and offers no legal advice, does not advocate for either party nor makes any agreements or decisions for the parties; parties are solely responsible for the terms of the final agreement.
Mediation is a confidential process and all negotiations, terms and discussions will remain confidential by all parties and the mediator unless otherwise required by law or by agreement by all in attendance. The mediator is prohibited from making any report to the courts beyond that it took place, attendance and its successfulness. Regardless of the mediator being a licensed attorney, the mediator offers no legal advice nor advocates for either side. Each party is strongly encouraged to either have their own counsel present or obtain independent legal advice prior to signing any written legal agreements.
Mediation costs a fraction of what trial costs, puts the outcome in the parties’ hands and is much more likely than not to resolve the dispute. Mr. Nisbet has performed dozens of mediations with a settlement rate above the 80-90% rate boasted by top mediators.
QUALIFICATIONS AS MEDIATOR
University of Texas School of Law Mediation Certificate, 2007
Advanced Family Mediation Certificate, 2016
In compliance with the requirements per the Texas Alternative Dispute Resolution Act, Texas Civil Practices & Remedies Code, Section 154.052, for court appointed mediators in disputes relating to the parent-child relationship to have an an additional 24 hours of training in the fields of family dynamics, child development, and family law, including a minimum of four hours of family violence dynamics training developed in consultation with a statewide family violence advocacy organization.
30-Hour Advanced Family Mediation Training
Austin Dispute Resolution Center, July 12-15, 2016
Robert Otey, Ph.D., Mediation Trainer
Laura Otey, M.Ed., Mediation Trainer
In compliance with the requirements per the Texas Alternative Dispute Resolution Act, Texas Civil Practices & Remedies Code, Section 154.052, for court appointed mediators in disputes to have completed a minimum of 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court making the appointment.
40-Hour Basic Mediation Training
The University of Texas School of Law Public Policy Dispute Resolution Center, 2007
Kimberlee Kovach, Past Chair of American and State Bars’ Sections in Dispute Resolution, Professor at The University of Texas School of Law’s Center for Public Policy Dispute Resolution
Eric Galton, University of Texas & Pepperdine Schools of Law Lecturer and Mediator
