Mediation is a process in which an impartial person, the mediator, facilitates communication between the parties to promote settlement. In addition to being an attorney, with over 24 years of legal experience, and a Sugar Land Municipal Court judge, Nancy E. Lusk is an experienced and skilled mediator. Her extensive knowledge of family law issues, compassion and understanding will assist the parties in reaching an agreement that serves the best interests of all affected by the suit.
THE ROLE OF THE MEDIATOR
Nancy E. Lusk shall act as an advocate for resolution and shall use her best efforts to assist the parties in reaching a mutually acceptable agreement. While Nancy E. Lusk may suggest ways of resolving the dispute, she shall not impose her own judgment on the issues of the parties.
CONSENT TO MEDIATOR AND TIME AND PLACE OF MEDIATION
The parties must mutually consent to the appointment of Nancy E. Lusk as mediator in their case. The mediation shall be held at a convenient location agreeable to Nancy E. Lusk and the parties.
AUTHORITY OF THE MEDIATOR
Nancy E. Lusk, as the mediator, does not have authority to decide any issues for the parties but will attempt to facilitate the voluntary resolution of the dispute by the parties. Nancy E. Lusk shall conduct joint and separate meetings with the parties and to offer suggestions to help them achieve a settlement.
COMMITMENT TO PARTICIPATE IN GOOD FAITH
The parties shall commit to participate in the proceedings in good faith with the intention to settle if at all possible.
IDENTIFICATION OF MATTERS IN DISPUTE
Before the scheduled mediation date, each party shall provide Nancy E. Lusk with a completed and signed information sheet and consent to mediation form furnished by the Law Office of Nancy E. Lusk, setting forth the party’s position with regard to the issues that need to be resolved. At or before the first session, the parties will be expected to produce all information reasonably required for Nancy E. Lusk to understand the issues and dispute. She may require any party to supplement the information.
NEGOTIATING YOUR SETTLEMENT
During the opening portion of the mediation session, Nancy E. Lusk will call upon the attorneys and the parties to tell her what they think is important to consider in evaluating and settling the case. You should be candid in this assessment, and understand that trial will be necessary if the parties fail to reach an agreement.
Bring significant items of factually-determinative evidence, such as documents, discovery responses, or deposition testimony. If the case involves unique legal issues, consider bringing copies of any case law that is applicable or relevant.
WHEN AN AGREEMENT IS REACHED
If an agreement is reached as a result of a mediation and Nancy E. Lusk assists in the preparation of a written settlement agreement, then each party shall have the settlement agreement independently reviewed by his/her own counsel before signing the settlement agreement.
All mediation sessions shall be private, confidential and privileged from discovery. She shall not be required to disclose any information revealed to her, unless authorized by the parties or as otherwise required by law.