Mediation is voluntary, flexible, economic, fast and confidential. If an agreement is reached, everyone wins.
Mediation is a confidential process used to resolve conflicts in an amicable manner. An impartial mediator directs the process and facilitates the communication between the parties in an effort to explore solutions and obtain a mutually satisfactory agreement.
The objective of mediation is for parties in conflict to participate in good faith in a dialogue regarding their dispute, to present their points of view and to explore options for settlement in an effort to reach a mutually satisfactory resolution of their dispute.
The mediator welcomes the participants and explains the mediation process, the mediator’s role in the process and the rules of mediation. The participants present the issues they want to resolve, explore their interests and options and look for a mutual resolution. If the parties reach an agreement and sign it, this agreement may have the validity of a contract.
A mediator is an impartial third party who is trained to listen to the parties, clarify the parties’ issues and facilitate communication to help the participants negotiate in a flexible, private setting.
Aric J. Garza is experienced in arbitration as both the advocate and the arbitrator. More and more contracts require arbitration as the sole means of resolving any disputes arising between parties to their agreements. Aric J. Garza Law PLLC is well versed in the rules and procedures of proceeding in this forum. Handling arbitrations for commercial, employment and consumer disputes, he is regularly involved in these proceedings. Aric is a skilled arbitrator on the American Arbitration Association’s Commercial and Consumer Panels of Neutrals.
The following is a representative sampling of some of the matters Aric J. Garza has recently arbitrated as an advocate or has acted as arbitrator in over 30 cases, including:
- Represented physicians in an arbitration against physician practices for unfair termination and breach of employment agreements.
- Served as arbitrator in a dispute between parties over breach of a services contract.
- Served as arbitrator in a dispute involving employee overtime wage claims.
- Served as arbitrator in a dispute involving a student with claims against a college for deceptive trade practices.
- Represented the estate of a decedent in a wrongful death claim in a Texas Worker’s Compensation non-subscriber case.
Aric J. Garza’s commercial and business litigation experience offers our clients the ability to have an attorney and support staff who know how to try a case coupled with the experience of an attorney who has served as outside general counsel to private and public sector clients. Litigation takes tremendous resources of time and money. Seldom do companies use litigation as a means of increasing their business, but when they do it is comforting to know that you have the combination of trial attorney and business attorney at your disposal. Most litigation is part of the cost of doing business. Business executives want and need to spend their time doing what they do best – making money for their owners and shareholders. That is why it is important to have an attorney who knows how to evaluate the facts and the law and can advise you when it is best to settle or to try the case.
A representative example of the types of cases are below:
- Represented a family in litigation resulting from the death of a parent/spouse who was exposed to hazardous materials. Assisted in obtaining large favorable settlements for family against large companies.
- Represented a family partnership creditor in several bankruptcy court proceedings, resulting favorable rulings for creditor.
- Represented small business in shareholder dispute and demand for dissolution that threatened to destroy the company. Negotiated a favorable resolution allowing original family to maintain business.
- Represented a business in a patent litigation case against a much larger regional company. This case resulted in a no cost dismissal of all claims against our client.
- Represented plaintiff/students in Deceptive Trade Practices Act claims against colleges that resulted in favorable settlements.
For more information about our Litigation, Mediation or Arbitration practice, contact us through our Client Portal today.