Mediation, like collaborative law, is another form of alternative dispute resolution. However, mediation and collaborative law are very different. Mediation usually lasts one day and includes a neutral third party, a "mediator," who assists the parties in coming to a resolution usually by sending offers of settlement back and forth between the parties.

    Information and negotiations that take place at mediation are highly confidential. The mediation agreement signed by all parties before or at the beginning of the mediation restricts all parties from divulging information obtained through mediation. A mediator is not able to testify at trial for or against either party or even to discuss what occurred in mediation.

    Note that in mediation, the mediator does not make a final decision in the matter and does not give advice as to what the parties should do in a given situation.  Unless the parties themselves agree, there is no settlement at mediation.

    Our firm offers two distinct options for mediation. First, The Milner Law Firm can assist its clients in setting up a mediation with the other party and his or her lawyer. Second, Joe Milner is a mediator as well as an attorney and often assists parties in his capacity as a mediator to facilitate agreements.

    Arbitration is yet another form of alternative dispute resolution. Essentially, it means that the parties, instead of using a judge, will use an arbiter to determine the outcome of a case.

    Our firm offers two distinct options for arbitration. First, The Milner Law Firm can assist its clients in setting up arbitration with the other party and his or her lawyer. Second, Joe Milner is an arbitrator as well as an attorney-mediator and can assist parties in his capacity as an arbitrator to determine a final outcome for the parties.

    The attorneys at The Milner Law Firm often suggest going to mediation to their clients, and in many jurisdictions mediation is required prior to going to trial. Mediation is costly due to the fact that the parties will need to pay their attorneys for their time and split the mediator's fee as well. However, our attorneys suggest mediation because it is much less expensive than going to trial and mediation often ends in settlement of at least some of the contested issues.

    In the event that at the end of the mediation process the case does not settle, all parties are able to continue negotiations and/or continue toward the path of final resolution at trial.

    Joe Milner began mediating in 1989 when he received his mediation certification from the Dallas County Bar.  He has conducted mediations in over 2,000 cases involving a wide variety of civil trial law issues, including divorces, medical malpractice cases, custody and child support modifications, partnership disputes, intellectual property disputes, employmnet law disputes, and other business-related cases.

    Joe Milner performs most mediations at The Milner Law Firm in two separate conference-style rooms in order to accommodate both parties. These two separate rooms allow both parties to speak privately with their attorneys in order to express their feelings about the negotiation process. Refreshments and lunch are provided to all participants of the mediation as well. 

   Arbitrations can be held at The Milner Law Firm in our large conference room, suitable for holding up to 12 participants.  Joe has conducted dozens of arbitrations for attorneys and their clients. 

    If The Milner Law Firm is not a suitable location for the mediation or arbitration, Joe Milner can also perform mediations at an alternate location, if needed, to accommodate the parties and their attorneys.