Legal Question in Family Law in Texas
mediation
During a mediation between 2 clients, is it true that all conversations are to be taped or at least recorded??
What should you do when you feel that your attorney is asking inappropriate questions and making inappropriate comments, that are not relivant to the case?
1 Answer from Attorneys
Re: mediation
I assume that you are going to mediation with a trained mediator.
There are many websites that discuss mediation. I highly recommend that you read and learn more about the mediation process.
From your question, you don't understand mediation.
Mediation is a confidential process that is conducted by a trained mediator. The mediator cannot be called to testify at trial. All notes, etc. are usually collected at the end of the mediation and destroyed by the mediator. I don't know of any mediator that records a mediation. I'm a mediator and I would not conduct a mediation if one of the parties or their attorney attempted to record the mediation.
The reason mediator is usually successful is that everything that occurs is confidential and cannot be used at trial. It encourages the parties to come to settlement.
I suggest you go on line and read more about mediation.
Good luck!