Mediation

Introduction

Legal disputes can be difficult, stressful, and financially burdensome. Thankfully, there is a way to try resolving legal matters before they come to trial; mediation. Mediation is an alternative to an court battle or lengthy legal proceeding and is mandatory in Florida civil cases. The important thing about mediation is that it offers both parties a chance to settle a dispute on their own terms, instead of leaving it to the whim of a judge or jury. For this reason, it’s a good idea to find mediation lawyers in Florida who can act as a neutral party and facilitate a productive discussion. Below, we discuss mediation in Florida and why it can be beneficial for both parties in a legal dispute. Ludwin Law Group has qualified Florida mediation lawyers ready to help mediate your case.

What Is Mediation?

In mediation, both parties in a legal dispute agree to hire a mediation attorney; this person acts as a neutral party who works to hear both sides of the matter and then get both parties to reach a resolution through mutual understanding. Meditation can occur at any time before and during a lawsuit (and for as many times as both parties wish) but will often be mandated before a case goes to trial.

Once both parties (usually via their lawyers) have agreed on a mediator, and a date and location for the mediation, each party’s lawyer will send a mediation summary to the mediation attorney. This summary is confidential, and gives the mediator a summary of the case from the perspective of each party; the mediator will not share each party’s summary with the other unless instructed to do so.

From here, a Florida mediation lawyer will meet with both parties at the agreed-upon location. They will explain that they are an objective party and that the process is confidential. Both parties will then state their side of the dispute, before speaking privately with their legal counsel. Each party will then have a one-on-one meeting with the mediation attorney, who will try to make them see the other party’s side of things. No matter the outcome, each party then pays the mediator the agreed-upon fee.

For the most part, both parties play an active role in mediation proceedings and determine the outcome. As opposed to arbitration, Florida mediation lawyers do not suggest settlements or advise either party as to a particular outcome. A mediator should act solely as a neutral third party, aiding the discussion rather than controlling it.

Ludwin Law Group has experience in mediating legal disputes through our qualified Florida mediators. If you are looking for a mediator in a legal dispute, you can reach us by phone at (561) 455-4455, or by sending us a message on our website.

Types of Mediation in Florida

Mediation in Florida comes in several forms. Although Florida mediation rules are mostly the same in these different types, it’s important to understand the distinctions between them and figure out which one best suits your case. The types of mediation in Florida are: 

• Facilitative mediation –  Facilitative mediation is the most common form of mediation. The mediator guides the discussion between parties, attempting to establish common ground. Facilitative mediation prioritizes the needs of the parties over a concrete legal resolution. 
• Evaluative mediation – Evaluative mediation differs from facilitative mediation in that the mediation attorney plays a more active role in the proceedings. The mediation attorney, while remaining a neutral party, will highlight the strengths and weaknesses of each party’s case; as such, the mediator is often a legal expert or expert witness who can create a more detailed analysis of the case for a court.
• Transformative mediation – Transformative mediation is more like facilitative mediation in that it focuses on the relationship between both parties. The goal of transformative mediation is less to reach an agreeable settlement and more to rebuild the personal rift between each party by having them recognize each other’s interests and feelings. Transformative mediation is often used in cases involving families, friends, and close business partners.

Court-mandated mediation – Court-mandated mediation is ordered by a Florida court and can take the form of any of the above types. Both parties must agree to a mediator and participate in mediation, regardless of either party’s willingness to do so.

Ludwin Law Group’s Florida mediators have experience in all types of mediation in Florida. No matter what the issue is at hand, we can help you reach a fair agreement.

Mediation in Common Areas of Law:

Some of the common areas in which mediation is used include: 

• Business
• Civil – Mediation is mandatory in Florida civil cases.
• Commercial
• Employment
• Environment
• Intellectual property
• Personal injury
• Real estate

These are only the common areas in which mediation applies. Mediation applies to virtually any legal matter, but it may not be advisable if one party has already refused to compromise or engage in any form of mediation. Additionally, in cases where one party holds significantly more legal or financial power over the other, mediation may be too informal to arrive at a fair agreement. To find out if mediation is the best course for your case, send us an inquiry via our online form.

Mediation Advantages

Mediation is generally the preferred way of settling legal disputes because it avoids many of the complexities of prolonged litigation. Some of the advantages of mediation in Florida include:

• Time – In most cases, working with mediation attorneys is faster than taking a matter to trial. A trial can take months to reach a verdict, whereas successful mediation can come to an agreement in just a matter of hours. Mediation can also be done at any time, without the restrictions of a court schedule.
• Cost – Mediation can be significantly less expensive than pursuing litigation; depending on the nature of the mediation, including when and where it is held, the only major cost may be the mediation fee paid jointly between both parties.
• Involvement – Both parties in mediation generally make more decisions in the outcome of the dispute. Since mediation is done outside of court, the parties have more options on how to settle, including non-monetary agreements that may be beyond the scope of a Florida court.
• Relationship – A trial can quickly turn ugly and leave both parties with a relationship that is even more fractured than it was at the outset. Since mediation, particularly transformative mediation, exists to help the parties come to an agreement based on mutual understanding, the relationship between them is more likely to remain in good standing.

Mediation can be the difference between a messy, emotionally charged trial, or a shared understanding that leaves each party happy and out of the courts. If you have a dispute you want mediated, do not hesitate to reach out to Ludwin Law Group. We understand Florida mediation rules and our mediation attorneys will work to resolve your case in a way that leaves both parties satisfied.

FAQs

• What kinds of issues can be addressed through mediation?

  Mediation is used to address a variety of civil and professional matters. Virtually any legal matter between two parties can be mediated, although not always successfully.

• How does mediation work in Florida?

  Mediation in Florida comes in three different types: Facilitative mediation, Evaluative Mediation, and Transformative Mediation. Mediation is often sought after by one or both parties, but it may be mandated by Florida court.

• Is mediation mandatory in Florida civil cases?

  Mediation is mandatory in all Florida civil cases.

• How to file for mediation in Florida?

  You should consult a Florida mediation lawyer to begin mediation proceedings; the other party must also agree to that lawyer for mediation to begin.

• How long does mediation take in Florida?

  Mediation has no set time limit. Additionally, mediation can be undertaken as many times as both parties decide.

• What are mediation Florida rules?

  Florida mediation rules dictate that civil cases must be mediated before being brought to trial.

• How long does mediation take in a lawsuit?

  Mediation has no set time limit in a lawsuit. Depending on the nature of the dispute, you may need time to prepare evidence or gather facts that will help you present your side of the case.