Mediation: while the concept is far from new to the players in the legal field, many among the general population remain uncertain as to what mediation is and how it works.
For those who are familiar, legal mediation continues to be most notably known as a tool for facilitating marital dissolution and shared parenting. However, mediation is becoming an increasingly popular way of resolving an array of civil disputes. In fact, the vast majority of Florida's judicial circuits have gone so far as to incorporate mediation programs specifically dedicated to offering disputing parties alternatives to traditional courtroom litigation.
Contract breach, landlord-tenant and HOA disputes, workplace controversies and even discord among families faced with caring for an aging loved one - mediation is as versatile as it is beneficial. So what are some of the advantages of settling a dispute in mediation?
#1. You can choose to mediate ANYTIME - even before the conflict at hand snowballs into someone filing suit or being sued.
#2. Mediation allows opposing parties the opportunity to discuss issues and negotiate settlement options with the assistance of a third-party neutral, the mediator, in an informal setting without a judge.
#3. Signed mediated agreements are contracts; therefore, they are legally enforceable.
#4. You get to have a voice and be heard in deciding the outcome of your dispute rather than having a stranger (judge/jury) make decisions for you.
#5. Mediated agreements are 100% voluntary - nothing happens in mediation unless both parties agree to it.
#6. Communications in mediation are confidential under the Mediation Confidentiality and Privilege Act, sections 44.401-44.406 of the Florida Statutes. (See statutes for limited exceptions)
#7. Having an attorney present with you is completely optional.
#8. Mediation can save time and money. Rather than waiting for the court to schedule a series of hearings amidst crammed dockets, parties can more quickly schedule mediation while saving money in court costs and attorney fees.
#9. Parties can be creative in reaching settlements tailored to fit their individual needs and concerns and are, therefore, more likely to actually abide by them, versus complying with an unfavorable one-size-fits-most judgment handed to them.
#10. Even hostile parties can often benefit from mediation through what is known as caucusing. Upon the election of the mediator or the parties themselves, the parties can be physically separated to discuss issues privately with the mediator, who then serves as an intermediary and communicates information and options to the opposing sides individually.
You don’t have to settle for the one-size-fits-most. And you don’t have to spend your life doing it.
Call Mazzola Mediation for your free 30-minute consultation, because:
