Mediation is the process of facilitating negotiation by two or more people or groups – usually referred to as “sides” – involved in a dispute. The goal of mediation to avoid the stress and uncertainty of taking a case to trial. It is so successful that many courts make mediation a mandatory requirement to obtaining a trial setting – meaning, you cannot go to trial until you have attempted mediation, at least, one time.
Kevin Spencer obtained his Mediation Certification from the Center for Public Policy & Dispute Resolution at the University of Texas – School of Law in 2012. By doing so, he is qualified to mediate disputes under the laws of the State of Texas. Kevin has practiced law in the area of estate, trust, guardianship and fiduciary litigation for over twenty-five years and has participated in many mediation sessions as an attorney for a party. He has vast experience with mediating cases from the party’s perspective; qualities making him a more effective mediator.
Kevin’s philosophy as a mediator is to get to work right away. Parties should come to the mediation prepared to get right to work with settlement offers already contemplated or even formulated. Our office is well-suited for multi-party lawsuits and we work through lunch to best use the full-day of meditation. We intend to make you as comfortable with the process as possible and our goal is to resolve the dispute and end the litigation.
Kevin is determined to get the cases he mediates settled and hates when they do not. Kevin is not interested in wasting anyone’s time in order to meet the pre-requisite for a trial. As a result, Kevin expects all of the parties to attend meditation in good-faith and with the goal of settlement, to work hard to resolve the dispute, to dedicate themselves to the effort for as long as it takes and to paper a full-blown settlement agreement, rather than a “term sheet”, that will end the case. Kevin is committed to all of the latter and will devote the time necessary before, during and after the mediation session, if necessary, to attempt to get a deal done. Often mediation is a process and it must run its course, parties and attorneys must devote the day to the process, so the momentum gained at the mediation session is not lost by ending it prematurely due to lack of interest, a prior conflict or just the desire to leave early; none of these are good excuses for ending the mediation.