Mediation FAQ

What is mediation?

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Mediation is a voluntary settlement conference to resolve a legal dispute between parties. As an informal proceeding, mediation can occur either before the filing of a court action or while a court action is pending.

 

A mediator, which is a neutral and impartial party, presides over the mediation. The mediator's role is to assist the parties and their legal counsel in exploring options for resolving their dispute. The mediator is not an advocate for either party and does not decide the case's outcome or make decisions for the parties.

 

The mediator encourages and facilitates communication, sharing of information, and problem-solving. The parties themselves are the ultimate decision-makers as to whether they can settle their dispute or need a Court to resolve the case.

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How is Mediation different than Arbitration?

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Both mediation and arbitration are tools for resolving legal disputes.

 

Mediation involves using a neutral and impartial mediator to assist the parties in exploring settlement options. During mediation, the parties will try to resolve the case on their own.

 

Arbitration involves a neutral and impartial arbitrator or a panel of arbitrators who will review the evidence in the case and make an ultimate decision regarding the prevailing party.

 

Mediation attempts to help the parties settle their case, while arbitration will decide who prevails in the case. ​

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​What to look for in a mediator?

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Choosing the right mediator for your case is the first crucial step for success in mediation.

 

One important consideration is whether the mediator is certified and subject to ethical rules and professional regulation.

 

Also critical is the mediator's experience in the subject matter of a dispute, either as a mediator or lawyer.

 

Equally important is the mediator's approach and style towards dispute resolution. In other words, does the mediator take an evaluative/directive-based approach versus a facilitative/problem-solving approach or a combination of both?

 

Additional considerations include the mediator's people skills and the ability to provide a neutral forum to enhance communication and understanding.

 

Likewise, what is the mediator's reputation and standing amongst lawyers from both sides of a dispute? In other words, is the mediator competent, trusted, and respected?

 

Finally, how hard and persistent is the mediator when trying to help the parties resolve the case? Does the mediator carry numbers back and forth between the rooms or is the mediator fully engaged in resolving the dispute, not only during the mediation, but even after the mediation hearing ends?

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What is a meaningful mediation?

 

A meaningful mediation helps the lawyers and parties to work together to solve problems.

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During a meaningful mediation, the mediator will provide a respectful forum and space to allow the parties to build rapport with one another so they can exchange information, options, and engage in risk analysis and problem-solving.

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At the end of a meaningful mediation, each side will learn something new about the other side and their own case. A meaningful mediation will result either in the resolution of the case or the parties are much closer to a resolution so that the differences can be bridged later.

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What is your style as a mediator?

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As a Florida Supreme Court certified Civil Circuit and County Court mediator, my style focuses on helping the parties maximize the sharing of information so they can make informed decisions when trying to solve the problems in their case.

 

I work equally hard in both rooms so the parties better understand each other, their case, and the options they face going forward. In the end, respectful communication and information sharing builds rapport and trust, all crucial for the settlement of a case.

 

With over three decades of legal experience as a lawyer on both sides of legal cases, and as a former ethics lawyer for The Florida Bar, both Plaintiffs and Defense lawyers continue to trust me with their cases.

 

I take pride in leaving no stone unturned during mediation and working as hard as the parties want me to during and after their mediation. If the matter is not resolved during mediation, I always stay in touch with the parties to see if there is any other way I can assist in bringing a resolution to the dispute. I continue to do this as this extra effort has resulted in numerous settlements after the fact when it did not seem that settlement was a possibility.

 

To learn more, please check the Testimonials that fellow lawyers have written regarding their mediation experience with me.

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