Mediation and Arbitration FAQ
This mediation and arbitration FAQ explains the differences between these two dispute-resolution processes and what parties can generally expect when working with Common Point Resolutions. Our neutral services are designed to provide a structured, respectful, and practical path forward.
The information below explains how our process generally works. Every matter is reviewed individually, and scheduling a consultation does not guarantee that Common Point Resolutions will accept the matter.
Getting Started
1.
Complimentary Initial Consultation
The process begins with a complimentary 15-minute consultation. This brief conversation allows us to explain our services, answer general questions, and discuss the next steps that may be available.
Please keep the initial conversation general. Do not provide confidential information, party names, detailed facts, documents, or evidence unless requested through the appropriate conflict-review process.
2.
Conflict and Suitability Review
If you wish to proceed, Common Point Resolutions will request the names of the parties and other information needed to conduct a conflict check. We will also consider whether mediation or arbitration is appropriate for the circumstances and within the scope of the services we provide.
This review may include questions about the source of the dispute, participation, safety, accessibility, timing, existing agreements or court orders, and the authority required to conduct the process.
3.
Agreements, Scheduling, and Payment
If the matter is accepted, the parties will receive the applicable service agreements, scheduling information, payment requirements, and expectations for participation.
Required agreements and payments must be completed before the mediation session or arbitration proceeding is confirmed.
4.
The Dispute-Resolution Process
In mediation, the mediator facilitates communication and helps the parties explore possible solutions. The parties retain control over whether an agreement is reached and what that agreement contains.
In arbitration, the arbitrator considers the information presented and issues an award or decision within the authority provided by the arbitration agreement, applicable rules, court order, or other written authorization.
Mediation and Arbitration FAQ
What is the difference between mediation and arbitration?
Mediation is a collaborative process in which a neutral mediator helps the parties communicate, identify the issues, and explore possible solutions. The mediator does not decide who is right or impose an outcome.
Arbitration is a decision-making process. A neutral arbitrator considers the permitted evidence, testimony, and arguments and then issues an award or decision. The arbitrator’s authority and whether the award is binding depend on the parties’ agreement, applicable rules, court orders, and governing law.
Are virtual services available?
Virtual mediation is available throughout Texas. In-person mediation may be considered by special arrangement.
Arbitration may be conducted virtually or in person depending on the arbitration agreement, applicable rules, needs of the parties, and nature of the proceeding. Availability and format are determined before the matter is accepted.
How long does the process take?
Common Point Resolutions currently offers full-day mediation. The actual length of a session depends on the issues, the parties’ participation, and whether progress is being made.
The length of an arbitration varies according to the complexity of the dispute, number of witnesses, amount of evidence, procedural requirements, and type of award requested. The anticipated schedule will be discussed during the preliminary process.
Are mediation and arbitration confidential?
Mediation is generally conducted in a private setting. Confidentiality is governed by applicable law, court orders, and the parties’ mediation agreement. Certain exceptions may apply, so parties should seek legal advice if they have questions about how confidentiality applies to their circumstances.
Arbitration is often less public than court litigation, but confidentiality is not automatic in every arbitration. Privacy and confidentiality depend on the arbitration agreement, selected rules, applicable law, and any protective orders or other arrangements governing the proceeding.
Do I need an attorney?
Common Point Resolutions does not generally require a party to have an attorney unless an applicable agreement, court order, or governing rule requires one. However, each party has the right to seek independent legal counsel and may benefit from doing so.
Legal advice may be particularly important before signing an agreement, choosing arbitration rules, presenting legal claims or defenses, or making decisions that affect legal rights. Common Point Resolutions does not represent or advise either party.
Ready to Take the Next Step?
Schedule a complimentary 15-minute consultation to ask general questions, learn more about mediation and arbitration, and explore whether Common Point Resolutions may be an appropriate provider for your matter.
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Important Information
The information provided on this page is for general informational purposes only and does not constitute legal, mediation, or arbitration advice. Common Point Resolutions provides neutral dispute-resolution services and does not represent either party. Visiting this website or scheduling a consultation does not create an attorney-client relationship or guarantee that a matter will be accepted.