ASVN, LLC.

08/23/2023

Wonderful article on mediation and the ins and outs for those who aren't familiar. Mediation is a tool that can be used by anyone of any demographic or issue level from disagreements with neighbors to world affairs. At ASVN, LLC we're happy to answer any questions and provide top-notch mediation services to those who can benefit from it!


📜& 📸 credit: Prime Dispute FPD (Fellow Prime Dispute)

08/20/2023

If you've never been in mediation, there can be many questions and uncertainties. The Texas State Office of Administrative Hearings has put out an article that can help to answer most of those! Any lingering questions can always be answered by your mediator, so never hesitate to reach out to them for further guidance.

Breadcrumb Home Guide to Mediation at SOAH Purpose: To provide the public with information regarding the mediation process at SOAH. Legal Cites: 1 Texas Administrative Code §155.351 Guide: ADR 8700 Mediation - What to Expect A mediator may schedule a confidential, pre-mediation telephone call to sp...

08/16/2023

The words "eminent domain" and "condemnation" illicit many emotions - none of which are good! When communication breaks down between landowners and companies, relationships crumble and costs skyrocket.

A great alternative to the condemnation process?

MEDIATION; offering the chance for the parties to be heard in a neutral environment with a mediator who guides the negotiations, preventing further escalation of conflict and aiding in exponentially reducing the costs associated with eminent domain condemnation processes currently used through the courts.

08/15/2023

Great read on how mediators can help parties with different cognitive paths of negotiating and reaching decisions. It lays out a six-step process on how to help both fast-intuitive (impulsive) thinkers and slow-analytical ("effortful") thinkers at the table.

Mediators often find parties paralyzed by indecision as they confront what appears to be a blizzard of issues, facts, and choices, according to Greg Derin, a mediator and arbitrator at Signature Resolution.

08/14/2023

Mediation has become popular within the court system, often being required before a case will be put on the dockets. Did you know mediation can also be done without a court order? If you’re in need of a neutral mediator to preserve relationships, as a resource option to keep from beginning condemnation proceedings, or simply to settle an issue between neighbors, ASVN is here to help! Call, email, or message us if you have questions about options available for your specific needs! Here at ASVN, LLC we’re happy to help!

07/29/2023

Are you looking for an alternative to condemnation in a right-of-way easement project? Are you a homeowner who's been approached by a land agent looking to obtain a right-of-way easement on your property but you don't feel like you're being heard? Mediation with ASVN, LLC is a creative and fresh solution to your needs. At ASVN, LLC we can aid in a cost-effective route to maintaining positive relationships and opening communication in a neutral environment.

📸credits: Pinterest

From land use and water rights, to family and divorce settlements, ASVN, LLC. offers neutral, third-party mediated services so you can avoid high court fees and tailor your resolution. Visit www.asvntx.com for more information!

06/12/2023

"Effectiveness of Mediation

Why is mediation popular? Because statistics show that it works. Depending on which numbers you believe, 70-80% of cases settle in mediation. Attorneys know this and encourage their clients to mediate with an open mind. In fact, when a client is recalcitrant and unreasonable about settlement, attorneys can become quite annoyed—and the reason is that lawyers know better than anyone how a trial can consist of rolling the dice. Trial practice is a branch of chaos theory. No outcome is ever assured in the legal system, no matter how determined the client or how capable the attorney.

Mediation promotes predictability and certainty, but this requires compromise. You do not win your case at mediation. In fact, a good mediation is by definition one in which both sides leave unhappy. Clients find this difficult to accept. Remember, the legal world is not the same as the real world. Clients who rebel against the mediation process and insist on total victory based on principle often lose in the end.

The mediator always asks if all parties are ready and willing to mediate in good faith and work toward a settlement with an open mind. This readiness is the foundation of both mediation and dispute resolution generally, and the mediator will request that the parties make an unconditional commitment to do this. Additionally, it is important to determine that persons present have authority to settle the case. Otherwise, the process can be futile.

It is a rare case when a party is justified in refusing mediation. However, if good grounds exist for doing so, the judge (after motion and hearing) can waive a mediation requirement. Judges do not like to do this for two reasons: first, they are seasoned realists who know that most cases do and should settle; and second, it assures that another case will be added to an overburdened trial docket. Do you want to alienate the judge? Object to mediation in your case. Many lawyers consider a party’s refusal to mediate in good faith to be grounds for attorney withdrawal."

Mediation is a great tool to help resolve issues, the courts have found it a great boon to keeping the dockets from being delayed and backlogged, and those who have actively participated in good faith have found they were able to have more control over the results than if a judge decided the outcome. Here at ASVN, LLC we have experienced mediators who can help guide the process and assist you in drawing up the agreement that you create. Visit us at www.asvntx.com to learn more!

📜credit: https://lonestarlandlaw.com/mediation-in-texas/
📸credit: https://www.prettydesigns.com/30-helpful-life-quotes/

04/17/2023

"Since a dispute prevents the involved parties to have a serene exchange, mediation aims at having a guided discussion to be able to avoid a confrontation (i.e. law of retaliation or law of the strongest). . .

Mediation couldn’t exist without recognizing the decision-making capabilities of individuals that will be accompanied in order to get out of conflicts and difficult situations.

The Law comes from the idea that individuals should be constrained and forced to behave well; while mediation emerges from the idea that individuals are able at any time to master them. The law system comes from the suspicion and mistrust of leaders towards individuals, while mediation develops trust. It's only during the twentieth century that first books about mediation have been published. More and more books are printed but sometimes are contradictory with each other.

However, all of them are focused to enhance and strengthen the individual potential of decision-making. In the business and company areas, we can observe training sessions on delegation for four or five decades. Formation sessions on personal development, whose beginnings have been often therapeutic, have also greatly contributed to develop the recognition of individual. . .

Mediation aims at strengthening contractual freedom. It accompanies the willingness of the parties in order to reach a new agreement following a previous agreement which is disputed. This previous agreement could be tacit (or considered as such by one of the parties) like the Social Contract or obsolete. Mediation gives to the parties in conflict the means to review their problematic situation, to think back about it and to seek the best possible solution to reach an agreement.

Therefore, mediation enables quality of communication considering a relationship between parties at the present time; unlike the legal system that focuses on the past and conceptions of rights and obligations which tie or divide."

📜credit: http://en.wikimediation.org/index.php?title=History_of_mediation
📸credit:

03/30/2023

03/28/2023

Meet our mediators! Travor Terrel, J.D. has been working in land easements for 20+ years and obtained his Law Doctorate of Jurisprudence from St. Mary’s University in San Antonio in 2021. While studying law he found a passion for mediation. Nikki has worked in numerous fields including the solar and geography/GIS industries. She obtained her bachelor's in Geography and Environmental Studies in 2018 and is working towards her master's in Energy and Environmental Law. Together they started ASVN, LLC to follow their dreams of helping others shape their futures through mediation-settled Agreements using neutral third-party mediations offered in ways that fit the busy lives of their clients. They continue to work on finding creative, cost-effective, and forward-thinking services that help facilitate the best mindsets and avenues to succeed in resolving disputes.

03/24/2023

Day 1 of the TAM (Texas Association of Mediators) has been AMAZING! Such knowledge and incites shared in beautiful San Antonio. ASVN, LLC strives to stay connected with the community and our peers so we make sure to offer the best to those we serve! More to come! Thank you for such a great conference and wonderful opportunity! Looking forward to volunteering with multiple DRCs throughout Texas!

03/22/2023

Welcome to this week's historical tidbit from ASVN, LLC! Knowing that mediation has existed in one form or another and has been in practice throughout human history goes to show the usefulness and fine-tuning that has gone into the process in today's mediation.

Mediation has played a role in humanity from Greek mythology to actual practice in ancient Greece for millennia. While not all of our history is something to be celebrated - we can still learn from it, and should.

"Greek mythology has long provided fascinating stories of conflicts between the Gods and how those conflicts in turn influenced the Earthly life of humans. . . Indeed, the practice of mediation was first developed in ancient Greece concomitant with a
philosophical movement that encouraged individuals to think about their relationships with others and themselves.1
This movement advocated the responsibility of the individual through the control of one’s passions . . . 2" {1-3}

"Mediation is deeply rooted in Greek tradition: In antiquity, Greek free citizens deployed educated slaves (therapes) to assist them in negotiations by conveying confidential offers and counter-offers between them." {4}

📸 credit: https://www.theoi.com/Olympios/JudgementParis.html #:~:text=Zeus%20was%20asked%20to%20mediate,offering%20him%20gifts%20for%20favour.
📜credit 1: Annalisa Gutierrez
http://www.americanjournalofmediation.com/docs/ANALISA%20GUTIERREZ%20-%20The%20Seasons%20of%20ADR%20-%20A%20Study%20of%20Mediation%20Tactics%20.%20.pdf
📜credit 2: (1) Jean-Louis Lascoux, History of Mediation, WIKIMEDIATION,
http://en.wikimediation.org/index.php?title=History_of_mediation (last visited Oct. 18. 2011).
📜credit 3: (2 )Id. http://en.wikimediation.org/index.php?title=History_of_mediation (citing The Republic, Book IV, Plato).
📜credit 4: https://weinsteininternational.org/greece/ #:~:text=Mediation%20is%20deeply%20rooted%20in,and%20counter%2Doffers%20between%20them.

03/21/2023

We are ASVN, LLC! We are excited to be able to help our community take control of their future by helping them to construct resolutions to their issues while utilizing our neutral third-party mediators for guidance, out-of-the-box thinking, care, and availability that fits YOUR needs.

Join us on our Instagram () for interesting historical tidbits about mediation and how it's played a role throughout humanity over the ages, and more recent information here on Facebook and on our LinkedIn page (https://www.linkedin.com/company/asvntx/)!

It is our pleasure and honor to share our knowledge, time, and aid to help you move forward to a future crafted by you!

For more information please visit us at www.asvntx.com and please don't hesitate to reach out with any questions!

-Travor Terrell, President & CEO (https://www.linkedin.com/in/travor-terrell-a5855513/) | Nikki Wall, Executive Vice President & COO (https://www.linkedin.com/in/nikkiwallatx/)