99% of the time, parties agree to a successful resolution.
And here is how we achieve 99% successful resolution between parties.
And here is how we achieve 99% successful resolution between parties.
PREPARATION IS CRITICAL
I do not simply show up for mediation. Prior to the start of mediation, I will have reviewed all of the material sent to me by the attorneys representing the parties, and the Court’s file to determine the status of the case, pleadings filed, motions filed and heard and documents filed by the parties, such as 18.001 affidavits and controverting affidavits. I will typically request additional information from the attorneys involved prior to mediation. Every piece of information is analyzed so I am well prepared to attempt to expediate a resolution to the case.
I do not simply show up for mediation. Prior to the start of mediation, I will have reviewed all of the material sent to me by the attorneys representing the parties, and the Court’s file to determine the status of the case, pleadings filed, motions filed and heard and documents filed by the parties, such as 18.001 affidavits and controverting affidavits. I will typically request additional information from the attorneys involved prior to mediation. Every piece of information is analyzed so I am well prepared to attempt to expediate a resolution to the case.
PREPARATION IS CRITICAL
I do not simply show up for mediation. Prior to the start of mediation, I will have reviewed all of the material sent to me by the attorneys representing the parties, and the Court’s file to determine the status of the case, pleadings filed, motions filed and heard and documents filed by the parties, such as 18.001 affidavits and controverting affidavits. I will typically request additional information from the attorneys involved prior to mediation. Every piece of information is analyzed so I am well prepared to attempt to expediate a resolution to the case.
I do not simply show up for mediation. Prior to the start of mediation, I will have reviewed all of the material sent to me by the attorneys representing the parties, and the Court’s file to determine the status of the case, pleadings filed, motions filed and heard and documents filed by the parties, such as 18.001 affidavits and controverting affidavits. I will typically request additional information from the attorneys involved prior to mediation. Every piece of information is analyzed so I am well prepared to attempt to expediate a resolution to the case.
LISTEN TO ALL PARTIES
In order for mediation to be successful, the mediator first has to listen to the respective parties air their grievances, state their contentions, describe the evidence as they see it, etc. As a mediator it is essential to create an atmosphere of trust between me and the litigants and their attorney. Occasionally, parties feel like I am “picking on them,” but I assure them that I apply the same rigor to the opposing party.
In order for mediation to be successful, the mediator first has to listen to the respective parties air their grievances, state their contentions, describe the evidence as they see it, etc. As a mediator it is essential to create an atmosphere of trust between me and the litigants and their attorney. Occasionally, parties feel like I am “picking on them,” but I assure them that I apply the same rigor to the opposing party.
LISTEN TO ALL PARTIES
In order for mediation to be successful, the mediator first has to listen to the respective parties air their grievances, state their contentions, describe the evidence as they see it, etc. As a mediator it is essential to create an atmosphere of trust between me and the litigants and their attorney. Occasionally, parties feel like I am “picking on them,” but I assure them that I apply the same rigor to the opposing party.
In order for mediation to be successful, the mediator first has to listen to the respective parties air their grievances, state their contentions, describe the evidence as they see it, etc. As a mediator it is essential to create an atmosphere of trust between me and the litigants and their attorney. Occasionally, parties feel like I am “picking on them,” but I assure them that I apply the same rigor to the opposing party.
I AM PERSISTENT
I do not simply pass along the demand and offers to opposing parties. I am persistent in discussing the issues and attempting to reach a resolution, since mediation is the last opportunity to get the case resolved before the parties begin incurring additional expenses in preparing for and trying the case.
I do not simply pass along the demand and offers to opposing parties. I am persistent in discussing the issues and attempting to reach a resolution, since mediation is the last opportunity to get the case resolved before the parties begin incurring additional expenses in preparing for and trying the case.
I AM PERSISTENT
I do not simply pass along the demand and offers to opposing parties. I am persistent in discussing the issues and attempting to reach a resolution, since mediation is the last opportunity to get the case resolved before the parties begin incurring additional expenses in preparing for and trying the case.
I do not simply pass along the demand and offers to opposing parties. I am persistent in discussing the issues and attempting to reach a resolution, since mediation is the last opportunity to get the case resolved before the parties begin incurring additional expenses in preparing for and trying the case.
Key Steps in the Mediation Process
A
Helping both parties acknowledge how a jury is likely to respond to trial evidence
B
Requiring each
party to make an honest assessment of:
1. strengths of their case.
2. Weaknesses, including evidentiary
issues, legal rulings, and problematic contentions
C
Ensuring each party recognizes the opposing party’s strong evidence and favorable position
PROFESSIONAL EMPLOYMENT
- 1975 to 1995 - Whittington, Pfeiffer & Vacek — partner
- 1997-2000 - Whittington, von Sternberg, Emerson & Wilsher — partner
- 2000 - present - Whittington von Sternberg — attorney, mediator and arbitrator
EDUCATION
- B. A., The University of Texas at Austin, 1975; J. D. South Texas College of Law 1979
MEDIATION TRAINING
- Mediation, A. A. White Dispute Resolution Institute of University of Houston Law Center 2008
- Commercial Mediation, A. A. White Dispute Resolution Institute of University of Houston Law Center 2009
