Frequently Asked Questions



  1. What is the difference between mediation and arbitration?
  2. Why am I being sent to mediation?
  3. What is a mediator’s job?
  4. Who are you?
  5. What will happen in mediation?
  6. What if the mediator says something different than my lawyer?
  7. What makes mediation better than a trial?
  8. What will happen if the case settles?
  9. What will happen if the case does not settle?
  10. What should I wear?
  11. How long should I expect to be in mediation?
  12. If I am in a full day mediation should I bring something to eat?
  13. Are you available for mediation outside of San Antonio?
  14. Are there additional fees for mediations conducted outside of San Antonio?
  15. How do I schedule a mediation?
  16. How is mediation handled remotely?

Answers to Frequently Asked Questions



  1. What is the difference between mediation and arbitration?

    In mediation the parties attempt to reach an agreement, with the assistance of a mediator. In arbitration an arbitrator decides the outcome for the parties.

  2. Why am I being sent to mediation?

    Mediation is normally required by the Bexar County Civil Courts before a case may be tried to a jury. It allows the parties to make sure that every effort is made to resolve their dispute before additional time and money is spent.

  3. What is a mediator’s job?

    A mediator's job is to assist in attempting to resolve your dispute without the necessity of a trial.

  4. Who are you?

    My name is Steve Vacek. I started my legal career as a prosecutor in Bexar County. I was in the Bexar County District Attorney's Office for five years. I then entered private practice as a trial lawyer. I worked in that capacity for sixteen years. I have been a mediator since 1994, a full time mediator since 1998 and have mediated over 6,500 cases. If you would like additional information about me you can click on Profile above.

  5. What will happen in mediation?

    Subject to agreements to the contrary, mediation will normally start in a joint session. At that meeting I will explain the mediation process. Each side, through their attorney, will then explain their respective position. You will normally not be required to make any statements or answer any questions in the joint session. All discussions during the mediation are confidential. Nothing that is said in mediation can ever be repeated or quoted.

    Each party, with their attorney, will then separate from the opposing side and meet with me privately. Nothing that is discussed in that private meeting will be disclosed to the other side without your attorney's permission. The information obtained during the private meetings will allow me to identify problems which might otherwise impede us from finding a resolution. During the private meetings I will also discuss possible outcomes, if the case were tried.

    During the mediation I will be delivering each side's offers and counter-offers. I will do everything reasonably and ethically possible to help reach a settlement. An impasse will not be called unless and until I am sure there is no way to reach an agreement.

  6. What if the mediator says something different than my lawyer?

    Always remember, I am not your lawyer. If your lawyer has a different opinion about any matter that is discussed, listen to them.

  7. What makes mediation better than a trial?

    It is always better to reach your own resolution rather than have one imposed by others. In a trial there will be definite winners and losers. In a mediation, a compromise is reached which prevents either side from suffering a devastating loss.

  8. What will happen if the case settles?

    Agreements that are reached will be reduced to writing and signed by the parties and their attorneys. Once signed, the written agreement becomes binding and irrevocable.

  9. What will happen if the case does not settle?

    Your case will probably go to trial. If your case goes to trial the outcome will be determined by outsiders. Either an arbitrator, a judge or a jury will decide all unresolved issues.

  10. What should I wear?

    Dress is causal, unless you have been instructed differently by your attorney.

  11. How long should I expect to be in mediation?

    Half day mediations normally last 2 to 3 hours and full day mediations last 4 to 6 hours.

  12. If I am in a full day mediation should I bring something to eat?

    You are welcome to bring anything you would like, but when the mediation is scheduled for a full day, lunch will be provided.

  13. Are you available for mediation outside of San Antonio?

    Yes, as long as there is no travel conflict with my mediation schedule and one of the parties can provide a location for the mediation.

  14. Are there additional fees for mediations conducted outside of San Antonio?

    If mediation can be completed in 3 hours, there is no additional fee for half day mediations conducted in Boerne, Castroville, Lytle or New Braunfels.

    If the parties would like to schedule a full day mediation or one of the parties would like to schedule two half day mediations for the same day, there is no additional fee for me to travel to Blanco, Floresville, Hondo, Pleasanton, San Marcos or Seguin.

  15. How do I schedule a mediation?

    Click on Availability below. Find a date that is available and that works for all parties and click on "AVAILABLE". Click on "Click here to schedule a mediation at this time" . Complete the forms that appear.


    If you schedule on my website, your request will appear as BOOKED on my calendar and your request will be given priority.


    If you do not use my website, either email (SteveVacek@gmail.com) or fax (210-824-3450) the following information to me: Your name and telephone number; The date and time being requested; The style of the case (Cause No., Plaintiff and Defendant's names); The attorneys names, addresses, telephone numbers, fax numbers and email addresses; and The location for the mediation (I do not have an office, but can provide a neutral location when necessary.).


  16. How is mediation handled remotely?

    There are three ways mediations are handled remotely by my office. They are described below.


    • Remote Telephone Mediation is used for two party mediations. Remote telephone mediation is not available if there are more than two parties. The parties, their attorneys and the carrier's representative must have access to a phone and an email or a fax machine. There is normally no general session. Each side's position will be shared with the other side by me. Discussions and negotiations will be handled telephonically. Everyone will remain at their respective locations. Each party (or their carrier's representative) should be accessible to their attorney during the entire mediation. Each party's attorney will need to provide a telephone number where I can reach them directly during the mediation. I will explain the mediation process to each party who is not familiar with the process via a three-way call between the party, their attorney and me.

    • In a Hybrid mediation one or more of the parties and I will attend the mediation in person at their San Antonio office. One of the parties will attend the mediation by Zoom or by telephone. The party attending by Zoom or by phone must have access to an email or a fax machine. The parties will determine before the mediation whether there will be a general session. If we do not have a general session, I will share with each side what I have been allowed to disclose about opposing counsel's position. Each party (or their carrier's representative) should be accessible to their attorney during the entire mediation. Each party attending by Zoom or phone will need to provide a telephone number where I can reach them directly during the mediation. Discussions and negotiations with that party will be handled by Zoom or telephonically. I will explain the mediation process to each party who is not familiar with the process in person, by Zoom or via a three-way call between the party, their attorney and me.

    • In a Zoom Mediation the parties will all initially attend the mediation via Zoom at our start time. All parties must have an email address and have access to a computer. The parties will determine if we have a general session. If we do not have a general session, we will have a meet and greet session. After the meet and greet, I will share with each side what I have been allowed to disclose about opposing counsel's position. Each attorney and party (or their carrier's representative) should be in attendance at the initial Zoom meeting and accessible throughout the mediation session. Each participant will need to provide their email address the week before the mediation. I will email a Zoom link the Friday before our scheduled start time. Each attorney will need to provide a telephone number where I can reach them directly during the mediation, should we lose the ability to connect via Zoom. I will explain the mediation process to each party who is not familiar with the process via Zoom or a three-way call between the party, their attorney and me. (I will need a telephone number where I can reach the party not familiar with the process, if we are not using Zoom for that explanation.)

    In each case, once an agreement is reached, I will draft a Mediated Settlement Agreement which will be emailed to the attorney for each party. Once signed, a copy of the signed Agreement should be emailed to opposing counsel and me.