Mediation
Norma Levine Trusch has been a practicing family law mediator since 1992. Mediation is a confidential negotiation assisted by a trained neutral, the mediator, whose sole goal is to assist the parties in reaching a settlement of a dispute. The Rules of Mediation define mediation as "a process under which an impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement or understanding among them. The mediator may suggest ways of resolving the dispute, but may not impose his own judgment on the issues for that of the parties".
Pure Form Mediation usually does not involve the presence of attorneys, although they can be involved on a consultative basis either during or between mediation sessions. The mediator meets privately over a period of weeks or months for 1-hour to 3-hour long sessions with the parties, who may or may not be represented by counsel. Pure Form Mediation can be court-annexed or private, and often occurs very early in the divorce or modification process, sometimes even before any attorneys have been retained. Although this form is not the prevalent form in Texas , it is increasingly being used, especially when utilized to prevent impasse in the collaborative law process.
The Caucus Method has also been called the Moderated Settlement Conference Method, almost always is conducted with the attorneys being present, and usually occurs late in the litigation process, frequently on the eve of trial. Some mediators conduct "marathon" caucus mediations that extend into the wee hours of the morning. Caucus mediations of complex matters are often conducted over a period of days.
Whatever form is used, the mediation is private, and the mediator is precluded by statute from being a witness in the matter to be mediated and his records are not subject to subpoena and may not be used in evidence in trial. Confidential information disclosed to the mediator may not be divulged. Any matters that arise in the mediation may not be used by the parties at trial. Parties are also protected from being served with process or subpoena at or near the site of the mediation.
