FAQs
What is mediation?
Mediation is a procedure conducted between two or more conflicting parties to promote reconciliation, settlement, or compromise. All parties involved in the dispute will have a chance to talk about the dispute and their concerns in a confidential, controlled environment. The mediators will help the parties see the issues clearly, come up with options for a solution, and help them reach their own agreement if they choose to do so. The mediators are strictly neutral and will not recommend or impose a solution to the dispute. There is only an agreement if the parties can reach a compromise.
How do I schedule a mediation?
If this is a family law case such as a divorce, the attorneys will often be the ones to schedule the mediation. If you are scheduling a mediation on your own, start by filling out the appropriate intake form and emailing it back to the DRC. We will then reach out, normally by email, to discuss costs and our calendar. Click here
Mediations are conducted in person, virtually, or a hybrid of the two.
Mediations usually last 5-8 hours so plan on being in the mediation for the entire block of time. Mediations are scheduled on weekdays only and begin between 9am and 1pm.
The DRC will need around 3 weeks to organize the session, so keep this in mind when scheduling.
Mediations are voluntary unless court ordered; we cannot make anyone participate.
Where are mediations held?
In person mediations are conducted at the McLennan County DRC located at 900 Austin Avenue in Waco.
Virtual mediations take place through Zoom or Teams.
How long does mediation take?
Mediations usually last 5-8 hours so plan on being in the mediation for the entire block of time. In some cases, multiple sessions may be needed in order to reach an agreement. Mediations are scheduled on weekdays only and begin between 9am and 1pm.
What if no agreement is reached?
If no agreement is reached and mediation was court ordered, the DRC will notify the court that the parties attended and participated but that no agreement was reached. What happens during mediation will remain confidential. The mediator and the DRC are required to keep confidential “all matters, including the conduct and demeanor of the parties and their counsel during the settlement process.”
What do I have to lose?
The simple answer is almost nothing. If an acceptable settlement agreement is not reached through mediation, the parties and their attorneys will have expended a minimum amount of time and money. Information gathered in preparation for mediation will be useful later if the case goes to trial. The success or failure of a mediation session cannot always be measured solely by whether or not the parties “settle” their case. Rather, if significant progress is made, if issues are limited, if either, or both parties gain a more realistic view of the case, then the mediation process has been successful.
Are mediations confidential?
Yes, everything discussed and accomplished in a mediation is confidential and protected by state statute. Nothing from the session can be shared outside the mediation or later used in a court of law. Only the final agreement, if one is reached, is public. The only exception is that mediators are required to report any suspicions of current abuse, neglect, or exploitation of children, elders, or the infirm.
Do I need an attorney?
You are strongly encouraged to seek legal advice and to bring your attorney. The mediators will not give any kind of advice – legal or otherwise -, so it is important that you have the resources you need to resolve your dispute to your satisfaction. If you are proceeding without an attorney, see the pro se FAQ for more instructions.
Can I bring someone with me?
The mediator determines whether a non-party individual can attend the mediation. Contact the DRC at (254)752-0955 prior to mediation if you plan to bring someone other than those included in the action. Children are not to be present at a mediation.
How much does it cost?
Our fee structure is on the Payment Policy and Fees page on this website.
How do I prepare if I don’t have an attorney? (Pro Se)
Mediators cannot and will not give you legal or financial advice. You have a right to seek legal advice before coming to and during mediation. In all cases, you will be asked to sign a “Pro Se Acknowledgement”, stating that you understand that the mediator is not your attorney and that you understand that you alone are responsible for protecting yourself.
In family law cases, the DRC will require the parties to complete an inventory of all personal property, all income (including disability and retirement), all bank accounts, all retirement plans, and all debts. You will need to have all of these documents ready prior to the day of the mediation. The DRC will supply some forms to help with gathering this information.
In non-family law cases, gather and review any documents, pictures, or evidence that support your side of the case. Examples of documents to bring: contracts, leases, invoices, estimates, letters, pictures, offers of settlement, drawings, canceled checks, bills, etc.
Think ahead about what your desired outcome is and what you want to communicate to the mediator. Make notes that would help you speak to the issues. Come prepared with ideas on ways to settle the case that fit into your budget, schedule, and abilities and that will be acceptable to all parties.
Can the DRC give legal advice?
No, the DRC cannot give legal advice. Please see the Quick Links portion of the website for resources to attain legal advice.
Do you take all cases regardless of income or family assets?
The DRC provides dispute resolution services to the underserved and the unserved individuals in our service area. We do have income and family asset criteria for taking cases. This will be discussed in the intake process.
How about civil cases? Are there any limits?
The DRC takes cases from the JP Courts and cases with under $50,000 in dispute from the District Courts and County Courts at Law.
What is the difference between mediation and arbitration?
Arbitration differs from mediation in that parties in arbitration give the power to decide to the arbitrator. Arbitration is a process in which an impartial third party or panel meets with the parties, listens to the presentation of both the facts and the law, and then renders a decision. The DRC does not conduct arbitrations.
How can I donate to the DRC?
You can donate by clicking the Make a Payment link on this website or the following link and entering the amount that you would like to give. Click here
Can I rent the DRC facility for any functions?
Yes, you can if space is needed by a private mediator or to take depositions. Please call (254) 752-0955 for more information.