When would there be mediation?

A range of lawsuits and/or potential lawsuits are resolved via mediation, including divorces, employment cases and business disputes. Judges often order disputing parties to mediation, however, some individuals agree to mediate before a judge has ordered it. Individuals may also agree to pursue mediation before even filing a lawsuit.

Positive aspects of Mediation

When comparing mediation to litigation, mediation is a less expensive and shorter process. It is also an empowering process because those involved are the ones that make the decision.  There is also less animosity when people resolve their issues through mediation as compared to when a judge makes a decision.  In mediation the parties compromise, thus, there is no loser and if there is an agreement it is a win-win situation.

What is mediation?

Mediation is a process where an impartial third party, the mediator, assists the parties involved in a dispute to come to an agreement.  The Florida Supreme Court defines mediation in Rule 10.210 as  “…a process whereby a neutral and impartial third person acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement.”

The mediator does not make a decision regarding the matter as a judge would, rather, the mediator assists the parties to come to their own decisions regarding the conflict.  In Rule 10.220 the Florida Supreme Court states that the “…mediator is to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and otherwise facilitate voluntary agreements resolving the dispute. The ultimate decision-making authority however, rests solely with the parties.”

What should I expect during mediation?

A mediation is typically held in a conference room where the mediator will explain the process to those involved. The mediator will explain that mediation is a voluntary process as well as confidential. Each person will have the opportunity to openly discuss their concerns. The mediator may sit with both parties throughout the process. But often, it is helpful for a mediator to call a caucus and that is to meet with the parties separately. If and when the parties come to an agreement the mediator can then write the agreement that is signed by both parties. If the parties come to an agreement then the judge will not have to make a decision regarding the matter. If the parties do not come to an agreement then no settlement will occur and the case can go before the judge.