Find Out More About AAM

What is AAM
AAM Governing Principles
Qualification for Membership
How to Join the AAM
 

About Mediation

What is Mediation?
How Long does Mediation Take?
What goes on at a Mediation Session?
What does it Cost?
How Well does it Really Work?
What happens if Mediation does not end in Settlement?
Are Settlements Enforceable?
If the case isn't settled, can the Mediator be a Witness or talk to a Judge?

 

The Association of Attorney-Mediators

The Association of Attorney-Mediators (AAM) is a nonprofit trade association. Its members are qualified, independent attorney-mediators offering mediation services. They are united by a common commitment:

". . . To achieve the prompt, fair and cost effective resolution of disputes through voluntary and court-annexed mediation."


 

What is AAM?

AAM is a nonprofit trade association of qualified, independent attorney-mediators. Members of AAM must meet qualifications and ethical standards which meet or exceed state or Federal requirements for mediators. AAM's 380 plus members have collectively mediated in excess of 67,000 cases.

AAM's role in the mediation process is to help potential users of mediation services find the attorney-mediator best suited to assist the parties in resolving their dispute. At your request, AAM will provide its Membership Roster or Chapter Directory for the area requested . Each member's educational background, mediation training, experience, subject matter expertise and other pertinent information is listed to assist in the mediator selection process.

AAM fulfills its mission through a National Office located in Dallas, Texas. As a trade association, AAM promotes the use of mediation and protects the mediation process. AAM conducts seminars for attorneys, assists the Judiciary in drafting and implementing local rules and procedures for mediation; submits amicus briefs to the Courts on selected issues involving mediation; and monitors legislation concerning the mediation process.

AAM members have demonstrated their commitment to the mediation process by serving as pro bono mediators in court referred cases at all levels, and at dispute resolution organizations in their communities.

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AAM Governing Principles

We stand for the improvement of our existing court system.

We support and promote professional and qualified attorney-mediators who are committed to the proposition that our existing system can fulfill its intended purpose now through court-annexed mediation.

We are a trade association, open to invited, qualified attorney-mediators who have undergone adequate training approved by AAM and who possess and maintain requisite levels of integrity, expertise, and involvement in the mediation process.

Our activities will improve the effectiveness, consistency and skills of attorney-mediators and expand the body of knowledge, awareness and expertise about mediation.

We promote the highest ethics, qualifications and training standards for attorney-mediators

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Qualifications for AAM Membership

QUALIFICATIONS FOR INITIAL MEMBERSHIP

1. An attorney licensed for a minimum of eight (8) years and in good standing with the local jurisdictional authority (i.e., state bar);

2. Who has provided to AAM at least three (3) ATTORNEY references on a form approved by AAM, from lawyers in his/her community with whom the applicant is not presently associated;

3. Who is willing to participate in any grievance or feedback procedures adopted by AAM and to observe all ethical standards adopted by AAM; and

4. Who has completed a training program approved by AAM.

5. These requirements shall be in addition to those established for mediators by the jurisdiction in which the applicant is practicing and conducting mediations.

QUALIFICATIONS FOR CONTINUING MEMBERSHIP

1. Conducting five (5) formal mediations or a combination of mediations and observations per calendar year, including Settlement Week mediations, and Pro Bono mediations for each calendar year following the third anniversary of the member's admission into AAM.

2. Completion of five (5) MCLE hours of ADR per calendar year (self-study hours will be permitted).

3. Completion of one (1) mediation observation per calendar year with an AAM member or view the AAM mediation video. Active co-mediations qualify to fulfill this requirement.

4. Each member shall make themselves available for at least two (2) Pro Bono mediations per year at the request of a Court.

5. Compliance with all reporting requirements established by AAM.

6. Payment of all AAM dues and special assessments, if any, by the due date each year.

7. Compliance with all ethical standards promulgated by AAM.

8. Participation in any grievance/feedback procedures established by AAM.

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HOW TO JOIN THE ASSOCIATION OF ATTORNEY-MEDIATORS!

If you are an attorney licensed to practice law for at least eight (8) years and wish to join the Association of Attorney-Mediators please contact:

Brenda Rachuig
Association of Attorney-Mediators
P.O. Box 741955
Dallas, TX 75374-1955
800/280-1368
972/669-8101, (fax) 972/669-8180,
(e-mail) aam@airmail.net

  
for further details and applications.

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About Mediation

 

The Mediation Process

What is mediation?

Mediation is a highly effective form of settlement conference in which a trained and skilled neutral (the mediator) facilitates communication, reconciliation and negotiation between the parties, in order to achieve the voluntary and mutually acceptable resolution of disputes.

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How long does mediation take?

Most cases can be resolved in one full day mediation session of 6-10 hours. Many AAM members also offer half-day sessions for less complex cases.

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What goes on at a mediation session?

There are two types of meeting that occur:
1) the joint session where all party representatives and their attorneys meet with the mediator and outline the basic issues and contentions of the case; and, 2) the caucus - private and confidential meetings between the mediator and each of the parties and their attorney(s).

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What does it cost?

The cost varies depending upon the mediator, the complexity of the case, the amount in controversy and the number of parties. Usually the cost is from $250 to $1600 per day.

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How well does it work?

AAM's 380 + mediators have assisted the parties in settling between 80 - 85% of the 25,000 + cases mediated by them since 1989.

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What if the mediation does not result in a settlement?

The parties lose nothing. They may still go to court to resolve their case and what they learn about their case may help the case settle later. Follow up studies show that about two thirds of the cases that did not initially settle in mediation do settle before trial.

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If the parties reach a settlement, is it enforceable?

If settlement is achieved, typically the parties will sign a settlement agreement, reviewed and approved by their attorneys. This agreement is enforceable like any other contract once it is signed.

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If the case is not settled, can the mediator be a witness or talk to the Judge?

No. The mediator can neither be a witness not talk to anyone about the case. Also, neither the parties nor their attorneys may introduce into evidence what happened or did not happen during the mediation.

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