Mediation 101

            Mediation may be ordered by the court or voluntary. Court ordered mediation is described in Florida Statutes Chapter 44, titled “Mediation Alternatives to Judicial Action”.      “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.” F.S. §44.1011 (2).   

        All mediation communications are confidential, with certain exceptions. F.S. §44.405. Some of the exceptions to the confidentiality include criminal activity, abuse, neglect or exploitation of children, disabled adults or the elderly, professional malpractice, and voiding or changing the settlement agreement. The specific circumstances and limitation of these exceptions are set out in F.S. §44.405(4)(a). A violation of the confidentiality rules can result in equitable relief, compensatory damages, and attorney’s fees and costs. F.S. § 44.406.

            Mediation is an opportunity for the parties to self-determine an outcome and eliminate the risk that the court rules unfavorably for one of the parties. With crowded court dockets, mediation allows the parties to reach a settlement much sooner than waiting for a trial. Mediation reduces the economic fallout from attorney’s fees and court costs that no longer accrue after the case is settled. The cost of mediation is often split between the parties, thus making mediation a very cost-effective option to reach a resolution of the dispute so the parties can devote their mental energy and financial resources to more productive activities.            Copyright 2010

            For questions or comments on the use or selection of a Florida Mediator, contact Michael S. Price, Esq., Florida Supreme Court Certified Circuit Civil Mediator, 1616 Jork Rd., Suite 102, Jacksonville, FL  32207; telephone (904) 396-4445; e-mail mprice@michaelpricelaw.com. Michael Price focuses on disputes related to real estate, contracts, construction, leasing, foreclosure, property defects, binder deposits, probate, family owned property and disputes related to business, partnerships and shareholders.