By Megan Navarro WIMBERLEY — Established in 2010, the Central Texas Dispute Resolution Center (CTDRC) is a 501(c)(3) nonprofit organization that provides mediation services and training to the underserved and unserved in Hays, Comal, Guadalupe and Caldwell counties.
Initially operating as the Hays County Dispute Resolution Center, the demand for dispute resolution grew over time, compelling the Hays DRC to transition into serving more people. Now, it offers services to more than half a million people in its service and ancillary areas. The underserved are those who fall below a certain income level and the unserved are areas where mediators are not available either, due to the particular area, such as student and landlord disputes.
The CTDRC takes a preventative approach to resolving conflict in the areas it serves, seeking to use training and community education to resolve conflict before it becomes a judicial or legal case; the goal is to offer conflict resolution without the time, expense and stress of going to court. The center does mediate cases ordered through the courts, as well as those cases referred by an attorney or initiated by a party in conflict.
Mediation is an action taken between conflicting parties to promote reconciliation, settlement or compromise. In a mediation, all parties involved in the dispute will have a chance to talk about the dispute and their concerns in a controlled confidential environment. The mediators will help them see the issues clearly, come up with options for a solution, negotiate effectively and help them reach their own agreement if they choose to do so. The mediators are strictly neutral and will not recommend or impose a solution to the dispute; there is only an agreement if the parties choose so.
“To go to court is very expensive ...
They don’t have to have gone to court to get a court order to come to mediation.
Some people get really hard-headed and it’s like, ‘Well, I'm not going to go to mediation. I don't have to.’ But it's a way to try to peacefully settle and that's one of the best ways,” explained CTDRC Director Martha Joyce. “Court cases take a lot of time, they don't happen overnight. The courts in this area are very busy and that's one of the reasons why they're sending more and more spaces our way because this helps them to be able to clear their dockets.”
Individuals who are interested in the services at CTDRC can expect the following, according to its website:
• Conversation: When parties are angry or stressed about a situation, it can become difficult, if not impossible, for them to discuss the issue civilly and productively. The CTDRC acts as a go-between for the parties to relay messages and help form a solution to the conflict that all parties are comfortable with.
• Compromise: The CTDRC aims for compromise between parties in conflict. In mediation, all parties can leave satisfied that their conflict has been resolved and they got a lot by giving a little.
• Control: In court, a person could certainly win, but they could just as easily lose. The final verdict is out of their hands and made by a judge. In mediation, each party is in control of their own outcome.
• Closure: By the time parties have reached the point of considering litigation, it is likely some time has passed and an emotional and financial toll is being paid. Mediation through the CTDRC is a way to quickly, affordably and finally resolve a conflict in a legallybinding way. “They call us and we will send them what we call an intake form. They need to fill that out and give us — they would be the initiator and the other party would be the respondent — they need to give us contact information for both parties and then, after that, we will contact the other party. We'll ask them if they would like to do mediation and if they refuse, we have to just walk away because we can’t force anybody to come to mediation. Now, if the court ordered mediation, then that's a little bit different, but if this is just individual to individual, then if they refuse, we're not going to harass them or anything about coming,” Joyce explained.
Rates for mediation services at the Central Texas Dispute Resolution Center. TABLE COURTESY OF CENTRAL TEXAS DRC
“If they tell us no, then we walk away and let the other party know ... Now, if two individuals come in here and mediate something and one person does not live up to the mediation or the terms of, what we call the mediated settlement agreement,” she continued, “The other party still has the option of taking a case to court, but of course, you’ve got all of those expenses involved. The mediated settlement agreement will hold up in court, too. It kind of goes both ways. It eliminates a lot of time and effort on the court side.”
CTDRC does not turn anyone away who is unable to pay for services, Joyce explained.
“Our regular rate, depending on the type of case it is, goes from $100 for up to five hours of mediation and then, up to $400 for five hours of mediation, depending on what the case is and what court it is filed in,” Joyce said. “If it’s a neighbor-to-neighbor type situation, those are $100 per party, but if it's a situation where one person just doesn't feel like they should have to pay, then we'll talk about it and work with them on trying to get the dispute settled anyway.”
There are some guidelines that the parties will have to adhere to in terms of income, but they are self-determined. Unlike some others across the state, CTDRC does not require the submission of income tax statements from the previous year before an individual can come in to mediate, Joyce said.
For more information about the Central Texas DRC, visit www.centexdrc.org or call (512) 878-0382.
http://www.centexdrc.org
