Mediation is a process of settlement. And mediation can be done several different ways. In Texas we normally use what’s called the caucus method where a mediator will move between two rooms, where the two different clients are in them with their legal counsel. And the mediator tries to settle the case by helping them negotiate through the tough spots.
Mediation can be used in litigation. It’s normally most effective after everyone has gathered the information and knows what we’re mediating over. It can also be used in collaborative law if the parties have hit a snag or painted themselves into the coroner and they need somebody to help them over or help them with one particular thorny issue.