Overview
Resolution by agreement, not by verdict.
Mediation is a confidential, structured process in which a neutral third party, the mediator, helps the parties to a dispute reach a voluntary, mutually acceptable resolution. The mediator does not decide the case. The mediator creates the conditions, the structure, and the candor that allow the parties themselves to reach an agreement they can live with.
Certification and experience
Max R. Tarbox completed the 40-hour mediation certification from the Office of Dispute Resolution for Lubbock County in 2017. Combined with twenty years of bankruptcy and commercial practice, this background equips the firm to mediate the kinds of disputes where money, debt, contracts, and ongoing relationships all sit on the table at the same time.
How mediation resolves debt and business disputes
- Adversary proceedings within ongoing bankruptcy cases.
- Disputes between secured lenders and borrowers over collateral, valuation, or default.
- Partnership and shareholder disputes with financial dimensions.
- Contract disputes where the relationship between the parties has value worth preserving.
- Inter-creditor and committee disputes within complex restructurings.
Benefits of mediation over courtroom proceedings
Mediation is faster, less expensive, and substantially more private than litigation. Parties retain control over the outcome rather than handing it to a judge or jury. Settlements reached through mediation tend to hold because the parties built them themselves. And because mediation can be entered into at any stage, even after lawsuits are filed, it preserves the option to return to court if no agreement is reached.
What to expect from the process
A typical mediation begins with a preliminary call to identify the issues and exchange any necessary information. The mediation session itself is generally a single day, sometimes two, and combines joint discussion with confidential private caucuses. Where the parties reach agreement, the firm assists in reducing the terms to a binding settlement document. Where they do not, the conversation remains confidential and inadmissible in any later proceeding.
