Is the mediator able to testify as a witness at a trial or hearing?
The law prohibits the parties from subpoenaing the mediator to testify. Even the parties cannot testify about what was said or occurred at mediation unless both sides agree otherwise. This encourages the parties to be open and candid in the process. Most mediators will destroy any notes they make during mediation so that they cannot be used by the parties. Many mediators have the parties sign an agreement before mediation hat expressly addresses this issue.
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Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville,
Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.