Mediation Process

Before Mediation

Bo’s calendar is posted in this website and shows Bo’s availability. Bo asks the parties to collaborate with those dates, or we will assist in scheduling and coordinating the session; the phone number for Bo’s administrator is 972.567.3482. Please specify your preference for live or remote mediation. If the parties request a live mediation, the mediation will be conducted at a party’s counsel’s office. Bo also performs hybrid mediations. Bo will send a questionnaire once the mediation is scheduled to be filled out and provided to him before mediation. Please have the questionnaire to Bo seven days before the mediation. We will schedule calls with all lawyers participating in the mediation before the session.

The Day of Mediation

Bo asks that all parties come with an open mind, empathy, and flexibility. Please be prepared to discuss both pro’s and con’s of all parties’ positions. Bo is a studied neutral and will work with the parties in a polite environment to attempt resolution.

Opening Sessions

Bo will allow any opening session requested by any party.

Bo believes preparation is very important for successful mediations. He is available to discuss any case and any aspect of a case before mediation.

After Mediation Session

If the case does not settle, Bo will follow up free of charge with the attorneys and parties to continue to work towards resolution.

We offer both live and zoom mediations. The day begins at 9:30am and ends at 5:30pm. If a mediation is live, we will provide lunch.

Mediation Agreement

By signing and turning in the pre-mediation submission, the parties hereby agree to the following Mediation Agreement:

Bo Berry is requested, appointed and authorized to conduct the mediation.

The mediation shall be governed by this agreement, TEX. CIV. PRAC.& REM. CODE Section 154.001, et seq, and the “Rules for Mediation” laid out below.

The mediator has the discretion to terminate the mediation at any time if he believes an impasse has been reached. Upon conclusion, the mediator will only report to the court (if the case is in suit) whether the case has settled.

Rules of Mediation

  • Mediation is a process in which the impartial neutral, the mediator, facilitates communication to promote a reconciliation of differences. The mediator does not have adjudicatory authority and cannot impose his own judgment on the parties.

  • The mediator shall not serve if he has any financial or personal interest in the result of the mediation.

  • The mediator is authorized to conduct joint and separate meetings with the parties and offer suggestions to assist in reaching a settlement.

  • The parties understand the mediator cannot and will not impose a settlement in their case. The mediator, as an advocate for resolution, will make every effort to facilitate negotiations between the parties. The mediator does not warrant or represent that settlement will be reached via mediation.

  • Party representatives with authority to settle shall be present and participate in the session.

  • Mediation sessions are private. The parties and their representatives may attend. Other persons may attend with permission of other parties and the mediator.

  • Confidential Information disclosed to the mediator will not be disclosed to other parties. The party providing the Confidential Information shall advise which information is Confidential so mediator will know not to disclose it. The mediator shall not be subpoenaed or called in any proceeding as a witness regarding the mediation. Any party who violates this rule shall pay all mediator’s fees, costs, and expenses incurred in connection with the mediator’s involvement in such proceeding.

  • There will be no stenographic recording of the mediation and all parties and participants agree to not record the mediation.

  • No subpoenas, summons, complaints or other process can be served at and during the mediation.

  • Termination of mediation will be effected by execution by the parties of a settlement agreement, mediator’s declaration of impasse, or after completion of mediation, a party or parties announce that mediation proceedings are terminated.