Why Choose Mediation?
Mediation is a less stressful and less expensive alternative to going to trial. The process of mediation allows you to be in control of the result of your case.
What is Mediation?
Mediation is a negotiation process conducted by a mediator. This process is necessary when two or more parties have a dispute but do not want to spend the time nor money required for trial. During mediation, the mediator keeps order while guiding each party in opening the lines of communication with the other party. This allows all settlement options to be explored.
Everything said during this negotiation is confidential (except as provided by law) which makes it easier to express what’s on your mind in a respectful way. Although compromises must be made, your mediator will help you communicate your position in the best way possible to achieve most of what you want. The greatest thing about mediation is that you have the freedom to deny or accept, at your discretion, what is offered to you.
Process of Mediation
Your mediation will be conducted in accordance with and subject to the provisions of Chapter 44, Florida Statutes, Fla.R.Civ.Proc. 1.700-1.730.
When entering the mediation session, you will first sit across from your opponent. The mediator will open the session with an introduction and explanation of the expected etiquette required during the session. After this, the parties will explain their sides of dispute to the mediator. Then the mediator will break the parties into caucus (separation of the parties). While in caucus, each party will begin the negotiation process to resolve their conflict. Being impartial, the mediator will listen to each parties position, logically analyze it, and proceed to guide the parties in communicating their position in the most effective way to resolve the dispute. This process requires a great deal of patience and compromise, but if every party is willing to cooperate, the result should be pleasing to everyone involved. Your mediation will end in either an agreement or an impasse. Even if an agreement is not made, a clearer understanding of the problem is usually observed during the process which frequently leads to further negotiation and settlement.
Authority to Settle
In order for the mediation to be successful, clients (or their representative(s)) must have full authority to settle all issues raised by the case in the mediation session. This is an essential element in the mediation process and must be satisfied by all parties.