ABOUT MEDIATION

 

            Mediation is an informal process during which a neutral third party, the mediator, assists the parties is reaching a mutually agreeable settlement regarding their dispute. A mediator does not judge the case. The mediator helps people talk in such a way that they are able to resolve their dispute without the need of a judge 

            At the mediation session each side normally presents a summary of their position on the case. Attorneys normally attend for each side. The mediator may then talk privately with each side about the strengths and weaknesses of their case. This allows the mediator an opportunity to discover if there are problems or issues that have not been publicly spoken or which may impede the discussion process. The mediator will normally meet privately with each side, alternating back and forth to move the settlement process along. This continues until a settlement agreement is reached. The Agreement is reduced to writing and signed by the parties. 

            Most mediations last less than one day however, mediation can last longer depending on the number of issues and the complexity of the case involved. A mediator is paid on an hourly basis and the parties usually share the costs of the mediation unless agreed otherwise. You will know in advance what the mediator will charge. 

            Mediation is especially helpful in divorce cases. This is because they can be scheduled quickly and the information discussed is private and confidential. Settlement is entirely voluntary. If no agreement is reached the parties still retain the right to go before a judge or jury. Mediation costs are substantially less than taking a case to trial if the case is settled during the mediation. 

            Many different types of cases can be settled by mediation including divorce, contracts, real property and many other civil matters. Talk with your attorney about mediation and let them know you think you would like to try mediation in your case. 

            I am a certified mediator in family matters for Florida and in Alabama I am on the roster of mediators in divorce and other civil matters. (Alabama does not have a certification process for mediators). Please contact me if you are interested in learning more about mediation or in scheduling a mediation for your case.