The five doors you can walk through to handle a dispute:
Negotiation. Mediation. Conciliation. Arbitration. Litigation.
Our Services
Heston Mediation is based in Dallas and provides a wide range of services throughout the DFW Metroplex and surrounding areas, as well as nationwide. The convenience of virtual service options has enabled me to successfully mediate cases in other states and even in countries such as India.
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A trained mediator offers a variety of ways to settle the conflict through facilitation. The parties involved make all decisions. The negotiator/mediator is simply there to help guide the parties through the pitfalls and help find a solution that works for everyone.ext goes here
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Mediation is the most successful process between people in conflict of all classifications. It could be an argument between neighbors, an insurance company failing to pay your entire claim from a car wreck, or even family members fighting over money.
Experienced mediators cover an abundance of subjects from years of experience assisting others without giving legal advice. Credit Card disputes without court costs or legal fees are routine matters for many mediators.
I offer this process in person and virtually.
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All of us experience some type of conflict during our lifetime. Using a neutral third party, who can observe the issue with a new perspective, can help you reach a resolution.
Facilitation is not the only way to settle a conflict. I see great success in evaluative or transformative methods to move your issue forward. The outcome depends on numerous ways and methods of success that will avoid using children for leverage.
The procedure of active listening is a learned skill through constant education and practice. At Heston Mediation, I use my skills and expertise to listen to your story in detail and work with you to find a solution acceptable for both sides.
There is no charge for me to listen to your issue.
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Using the internet to connect all parties in conflict disputes without traveling to a courthouse or attorney's office will be monumental.
Imagine the convenience of a secure internet site, with court approval, allowing you to stay at home or office and conduct your mediation. The cost savings for all parties is beneficial since there is no expense of travel.
There are three ways to conduct the online process:
All parties involved can see and hear each other in real-time through a computer screen.
The second way is audio-only; if connections (country to country) become problematic, the mediator will pass information between both sides, creating a positive outcome.
Text-messaging, to the novice it may appear impossible. Through experience, it may be the easiest in family conflict, like divorce. A trained mediator always controls the process by passing information between parties in conflict that prevents verbal abuse or insults, avoiding face-to-face in cases of family violence. Parties can complete this in one or many days, thinking about the consequences of rushed decisions. Texting is a global idea for someone who does not have a computer but a cell phone. I have a platform designed for this feature.
Call to determine if online dispute resolution is the solution to your dispute.
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A conciliator who has experience in the field of your dispute, will make suggestions, offer solutions, and encourages parties to reach a fair agreement. Since the finalized settlement agreement can be binding, both parties must give written consent before engaging in the process. The process is confidential, and the conciliator will not disclose any information to either party unless instructed to do so.
It's essential to find a conciliator who has the knowledge and experience in dispute matters due to suggestions made of fairness. Disputes range from insurance, construction, accounting, manufacturing, etc.
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Three arbitrators, or just one, a chair and two wings, with knowledge in the subject of the dispute, will settle disputes like a trial court. The difference being the outcome is not public record and binding with no appeal.
Parties will testify, attorneys present evidence, and cross-examine statements made and evidence submitted, allowing arbitrators to ask questions for clarification. Once all evidence and testimony are submitted presented, the arbitrators break to discuss. The two wings offer their judgments to the chair, and the decision is announced, usually in 30 days. The rules and procedures are not as strict as the trial court cases and can cost less to the plaintiff and defense. The decision is binding.
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At Heston Mediation, we’re available to discuss your dispute at no cost. To help us best serve your inquiry, we recommend that you first describe the issue you’re having and what you expect to achieve.
Understanding The Five Doors
As of 2019, India has 33 million pending court cases, resulting in decades of delayed justice. In this talk, Jonathan Rodrigues discusses a key aspect of the legal system and stresses the importance of choosing the right lawyer. He shares his passion for resolving disputes outside of court, which led to co-founding the Peacekeeping and Conflict Resolution Team (PACT). This talk was delivered at a TEDx event organized by the local community. Learn more at https://www.ted.com/tedx.
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A trained mediator will offer a variety of ways to settle the conflict through facilitation. The parties involved make all final decisions. The negotiator/mediator is there to help guide the parties through the pitfalls and misunderstandings, to help find a solution that works for everyone.
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Experienced mediators control the process between two or more people seeking a permanent solution to any conflict. The majority of mediations will require a formal settlement agreement for signatures, most issues involve family disputes or small claims. Everything discussed during a mediation is confidential.
Heston Mediation offers this service, in-person and virtually.
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A conciliator who has experience in this remedy of dispute, will makes suggestions, offers solutions, and encourages parties to reach a fair agreement. Since the finalized settlement agreement is binding, both parties must give written consent prior to the start he/she, will engage in the process. This can be more adversarial in structure by trusting the conciliator to be fair. The process is confidential, and the conciliator will not disclose information to either party unless instructed to do so.
It's best to find a conciliator who has the knowledge and experience in this form of dispute. Disputes range from insurance, construction, accounting, manufacturing, etc.
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Arbitrations can be conducted by 1 or 3 individuals who possess specific knowledge and experience in the area of dispute, like (construction law, insurance law)and a host of others. The difference being, the outcome is binding and cannot be appealed.
Parties offer testimony and evidence from both sides, allowing arbitrators to ask questions for clarification. Once all evidence and testimony are presented, the arbitrators break to discuss. The two wings can offer their opinions to the chair, and the chair announces the final decision normally in 30 days. The rules and procedures are not as strict as the trial court cases and can cost less to the plaintiff and defense.
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This process may not be your best choice. It's the most expensive door you can walk through and makes all the information surrounding your dispute, public information.
Generally, parties start from an adversarial position because litigation provides barriers, now an all-out war against the other side, making it difficult to find common ground. Lawyers on either side are not under oath and can make accusations without evidence. In divorce cases, the clients and their attorneys will use children as a bargaining tool, a mediator would against that method. Unfortunately, in many cases, the lawyer's goal isn't to help find the best solution, but to provide more billable hours, resulting in high costs for you.
Are you interested in a complimentary consultation?