By Anita Miller
San Marcos — Suppose you lent a friend money and it hasn’t been paid back, or that your roof is still leaking because the repairs your landlord promised haven’t been done. Or perhaps you have a beef with the carpet cleaning company that left a huge stain, or some other consumer complaint.
Historically, those issues have been settled in court. Involved parties wound up having to hire a lawyer and air their grievances in a very public and expensive forum.
That’s the old way, with today marking the start of a new.
Beginning today, the nonprofit Central Texas Alternative Dispute Resolution Inc. is providing mediation to Hays County residents in a deal that authorities say will cost less, be more private and even help preserve relationships that might not survive a contested court case.
“Often the mediation process can help preserve relationships that could be damaged in a win-lose court situation, since mediation allows those involved to discuss their issues and find common ground,” said Anna Bartkowski, executive director of Central Texas Alternative Dispute Resolution (CTADR). “In addition to being confidential and less formal than a court proceeding, mediation is typically much less expensive and time consuming for all involved.”
The deal was secured through a contract between the organization and Hays County Commissioners. Commissioners had previously OKed a dispute resolution center.
According to county spokeswoman Laureen Chernow, judges could refer cases to mediation, and individuals could also choose that route themselves. Chernow said the DRC will be set up as a 501 (c)(3) nonprofit that would “target individuals who are not able to afford private mediation services and who would otherwise be forced to go through the court system to resolves a problem that could be resolved in a mediation setting.”
She said as capabilities allow, “the DRC will also offer its services to handle Child Protective Services (CPS) cases, which require specialized mediation training and often require more mediation time than other cases.”
“In two recent cases, mediators volunteered their time to assist with lengthy, complex negotiations, and both situations were successfully resolved,” said Mark Zuniga, assistant district attorney. “Not only were the children’s best interests served, but the process saved the county the cost of what I believe would have been lengthy trials. I’m looking forward to having these services available to us when it makes sense to try mediation rather than go directly to trial.”
Chernow said the DRC is expected to be self-funded in about three years. Until then, funding will come from the county as well as filing fees and actual mediation fees.
In the beginning, mediation will occur in borrowed spaces while the DRC seeks a permanent home.
Should mediation fail, parties can still pursue their case in court. “Certainly it’s an option to go to court,” Chernow said. “Mediation could fail for a number of reasons — people decide they don’t want to negotiate in good faith, or if one of them doesn’t show up.”
She added that, “typically, negotiation works in 75 to 85 percent of situations they are involved in.”
Although it won’t be used in criminal cases, District Attorney Sherri Tibbe said she supports the program.
“We’re happy to do anything that speeds up the process, frees up courtrooms and saves everybody money,” she said.
For more information, contact the DRC at (512) 844-3404.
