Mediation in Florida

I'thou going to Mediation, Now What?

PLEASE NOTE:

ane. This document is for educational and advisory purposes only; it is not intended to replace the need for independent legal advice.

2. There is a GLOSSARY at the end of this document which is designed to aid the reader.

  • What is mediation?
  • What happens if I don't come to whatsoever agreement in mediation?
  • What are some advantages to mediation?
  • What is a mediator?
  • What happens in mediation?
  • Tips for how to prepare for mediation
  • Ofttimes Asked Questions (FAQs) and helpful links.
  • Glossary

What is  mediation?

Mediation is a style for people who are having a dispute to talk almost their issues and concerns and to make decisions about the dispute with the aid of another person (called a mediator). A mediator is not allowed to make up one's mind who is right or wrong or to tell you how to resolve your dispute.  In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some or all of your concerns.

While the goal is to try to work something out, you may make up one's mind it would exist improve for y'all not to come to an agreement. Sometimes emotions may be driving the dispute which can make talking to the person or party with whom you are in a dispute difficult.  A mediator can aid you lot in easing the way for communication. The mediator is in that location as a neutral person to help you focus on solving your dispute; however, the mediator is prohibited from providing therapy, counseling or legal advice.

What happens if I don't come to any agreement in mediation?

Mediation is used by the courts; additionally there are state and local agencies besides as individuals and corporations which use mediation.  When it is used by the court, information technology is chosen a "courtroom-ordered mediation."  If you are court ordered to mediation and you are unable to settle your differences, yous volition go dorsum to court and the guess (or jury) will make a conclusion for yous.

What are some advantages to mediation?

  1. Mediation provides an opportunity to talk with someone who is impartial.
  2. The issues in your dispute are non decided past someone else (self-conclusion).
  3. What you lot say in mediation is confidential.
  4. The mediator can help you overcome obstacles to advice with the other person or party in your dispute.
  5. Arbitration agreements are enforceable.
  6. A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute.
  7. Mediation is not a trial nor an arbitration.
  8. Mediation tin can save time and costs.
  9. You know what yous have agreed to in mediation instead of gambling with what the judge or jury may decide if you go to court.
  10. Arbitration is an opportunity to gain a greater understanding most why the dispute arose.
  1. Mediation provides an opportunity to talk with someone who is impartial:
  2. The problems in your dispute are not decided by someone else (self-determination):In mediation, you are the "conclusion maker."  The mediator helps you discuss your concerns, just cannot make decisions for yous.
  3. What you say in mediation is confidential : Unlike trials and hearings, which are held in public courtrooms, mediations are individual and, with a few exceptions, confidential. If your mediation is court-ordered or conducted by a certified mediator, in that location are laws and rules which require confidentiality. (See the Mediation Confidentiality and Privilege Human activity, sections  44.401 – 44.406, Florida Statutes).  The Human action e'er applies if the mediation is court-ordered, but the act volition also apply in a non-court ordered mediation if either a) the parties agree information technology will utilise or b) it is mediated by a certified mediator. Although not required, sometimes the mediator may ask the parties to state in writing that they will proceed everything confidential. The goal is to let you lot and anyone at mediation and their lawyer, if any, to talk nearly legal and non-legal bug without fright of others (including the judge) hearing about information technology. While most things said during mediation volition be confidential, there are some exceptions. (Three chief examples of these exceptions are child abuse, elder/vulnerable adult abuse, or anyone saying that they are committing or planning a crime. If you are interested in all the exceptions, see section  44.405(4)(a)(ane) – (6), Florida Statutes.A signed mediated settlement agreement is non confidential unless the parties agree information technology will be confidential and the police force allows the agreement to exist confidential. Instead, the agreement may – and in some cases MUST – be put in a court file.
  4. The mediator can help y'all overcome obstacles to communication with the other person or political party in your dispute: Even if you take already tried to talk it out or negotiate with the other or party, a mediator can help you and the other party listen to each other and keep you focused. A mediator is at that place to aid both sides communicate and explore possible solutions.  If y'all and the other party go stuck, the mediator can sometimes help restart the conversation in a new way and help anybody take some other pace frontwards.
  5. Mediation agreements are enforceable: If you reach an understanding in arbitration, that understanding must be put into writing and signed by the parties.  The written understanding becomes a legally binding document (contract), which is enforceable by the courtroom.
  6. A mediated agreement allows yous and the other person or party to accomplish flexible solutions to your dispute:Mediation provides you with an opportunity to be creative with your solutions.  If both sides hold, you tin reach a settlement agreement specific to your individual needs.  Mediation is different from litigation (a trial), where the approximate or jury makes a final determination.  With arbitration, both sides tin can "win," this is chosen a "win-win" situation.
  7. Arbitration is not a trial nor an arbitration: Arbitration is neither a trial nor an arbitration.  In a trial, the parties present prove and argument and then a guess or jury decides the upshot of the dispute.  Likewise, in arbitration, the parties present evidence and arguments so an arbitrator or console of arbitrators decides the event of a dispute. In arbitration, the mediator assists the parties as they talk almost their dispute to aid them find and explore mutually acceptable resolutions of their dispute.  If y'all attain an agreement at mediation, you practise non have to go to trial or arbitration.
  8. Mediation can relieve time and costs: Since mediation is a discussion between the parties, it can be much quicker than the formal trial process. Thus, information technology may as well toll less than going to court - in both dollars and stress.
  9. You know what you accept agreed to in mediation instead of gambling with what the judge or jury may determine if you get to courtroom: If you resolve the dispute in arbitration, you are not gambling on what the judge or jury might decide. In a trial, the final conclusion will exist made by the judge or the jury (if there is a jury). It is uncertain what determination will exist fabricated at trial, just y'all will be leap by that decision whether y'all agree with or like the issue of the trial. At mediation, the parties make the decisions.
  10. Mediation is an opportunity to gain a greater understanding nigh why the dispute arose: In arbitration you are talking with each other, the mediator, and your chaser if you lot bring i.  This interaction promotes a better understanding of the actions that lead to the conflict.  Sometimes when the parties understand the "why" of the other person'south actions, information technology helps create a desire to resolve the dispute.

What is a mediator?

A mediator helps you lot talk with the party with whom you are having a dispute. The mediator does not make decisions for you. The mediator is a neutral and impartial guide to assistance yous come with possible solutions, stay on rail, and clarify areas of agreement and disagreement.  The mediator may help yous and the other party meet the conflict from each other side's point of view.

Many kinds of people tin be mediators: mental health or business organisation professionals; attorneys; educators; and others. To become certified by the Florida Supreme Court, a mediator must meet many requirements. There are ethical standards for mediators adopted by the Florida Supreme Courtroom.  Run across the Standards of Professional Comport in Office Ii of the Florida Rules for Certified & Court-Appointed MediatorsPDF Download.

A mediator is not at that place to provide therapy, counseling, business concern or legal communication. While mediation is a expert place to recognize the emotions that may be driving the dispute, the mediator is there as a neutral to assistance yous focus on resolving your dispute.

What happens in mediation ?

Court-ordered arbitration must begin with an introduction by the mediator explaining the process and the role of the mediator.  Amongst other things, the mediator should explicate that the parties make the decisions, not the mediator. The mediator's introduction is unremarkably followed by an opportunity for yous and the other political party to describe your concerns.  If your lawyer is with yous at mediation, these opening remarks may exist fabricated past you, your lawyer, or both of you.  Later on these initial procedures, how the mediation is conducted varies.  The mediator usually will meet with both parties together to hash out the issues to help yous work out your differences.  The mediator may also run across with each political party privately.  This separate meeting is called a conclave.  Generally, unless y'all give the mediator permission to repeat what you say in caucus, the mediator is prohibited from sharing what is discussed.

If you are represented by a lawyer, you and your lawyer will decide how the two of you will interact during the mediation.  Some lawyers instruct their clients not to talk during mediation.  If this is your decision with your lawyer it is fine; however, it is of import for y'all to know that you lot are immune to speak to the mediator at whatsoever time.

Somewhen, the arbitration will finish in i of 3 ways, either: 1) the parties achieve an agreement as to some or all bug - all parties (and their lawyers if present) must sign the agreement; 2) the mediator declares an impasse (because y'all, the other party, or both are unwilling to keep discussing resolution); or 3) the mediator, with the parties' consent, continues the mediation session by adjourning for the twenty-four hours.  If the mediator declares an impasse as to some or all issues, then y'all and the other party will have to go back to court to have the judge or jury (if there is ane) decide your case.

Tips on How to Prepare for a Mediation

Before you attend a mediation, at that place are a few things yous tin practice to aid prepare yourself and to help make the mediation more beneficial to you.

  1. Get legal communication : Considering a mediator cannot requite any legal advice to any parties, if you are not currently represented by an attorney merely yous have legal questions about your instance (including what your case may be worth or what to accept as a "practiced" settlement), you should contact an attorney before the mediation, so you lot may make an informed decision about settling your case. If you cannot afford one, Legal Aid or The Florida Bar may have a plan to aid you.
  2. Get organized : Go over all of the information that you take and organize information technology. It may exist helpful to listing events in the order in which they occurred. Assemble any documents about your event and put them in a binder to bring with you to the mediation. If you have an chaser, talk to your attorney about your case and mediation. Your chaser may be able to provide yous with fifty-fifty more information on what to do during the mediation
  3. Come prepared: Get in at the mediation on time.  Be prepared to talk to the other party in the dispute. Even if you have had bug talking to the other party on your own, the mediator is there to help with advice. Be enlightened of the security regulations in the building where your arbitration is to take identify.
  4. Understand the dispute: Become the problems straight in your head. If it helps, write the problems downwards. Think about which problems are the virtually important to you as well as which bug are to the lowest degree important.  In addition, call back about what may be most and to the lowest degree of import to the other person or party.
  5. Fix goals:
    Think about what y'all really need to resolve the case or dispute. Set realistic goals to guide you in your determination making, only be flexible considering you lot may become new data at the mediation that could change your heed.
  6. Get to the arbitration on time: It is important that you lot arrive at your mediation on time.  There are things you should consider in order to be on time - one detail is parking.  At many buildings, it is hard to park.  Find out in advance about what parking is bachelor and the cost.  You may have to pay fees prior to appearing at the mediation or in courtroom.  Arrive in enough time to pay your fees.
  7. Arrange​ for childcare: If y'all have children who must be cared for, yous should arrange for a babysitter.  Often courts and other mediation meeting places do not have anyone to intendance for children and children are by and large not immune in a mediation.

Frequently Asked Questions (FAQs) and Helpful Links

  1. Where tin I go more information?
  2. Practise I have to have an attorney at mediation?
  3. My friend/relative is a mediator; may he/she mediate my instance?
  4. May I bring a friend or relative with me to mediation?
  5. May I talk to other people virtually what was said in the mediation?
  6. What if we achieve agreement at mediation?
  7. What if nosotros can't agree on anything at mediation?
  8. The other party has selected the mediator – do I have to concord?
  9. How much does information technology price to go to mediation?
  10. How long does a arbitration last?
  11. How do I select a mediator?
  12. How practise I file a grievance against a mediator?
  1. Where can I get more information?More information is available on this website.  If you choose to get more data most mediation from the internet, delight be advised that other states have different rules and just the Florida rules utilize to mediation when yous are mediating in Florida courts.
  2. Do I take to have an attorney at mediation?You exercise not have to have an attorney at arbitration. Even so, information technology may exist helpful to consult an chaser prior to going to mediation or to have an attorney with you
  3. My friend/relative is a mediator; may he/she mediate my case?Whether someone may mediate for you depends on the connection that person has to either the case or the people involved in the mediation.  Because a mediator must be both neutral and impartial, the mediator should not have whatsoever close connection to anyone in the dispute or anyone participating in the arbitration.  If the mediator does have such a close personal or business connection, (examples: parent, employee, landlord) the mediator may not mediate that dispute.  If the connection is not close, then the mediator must disclose the connection. If y'all recognize any connection or relationship to the mediator, you must disclose the connection as presently every bit you are enlightened of the connectedness.  In one case the connection is disclosed, if all parties hold, the mediator may serve.
  4. May I bring a friend or relative with me to arbitration?Non-parties (examples are:  friends, relatives, advisers.) may attend the mediation ONLY if all parties agree.  If all parties do not agree, non-parties may not attend the arbitration.  Therefore, information technology is all-time to ask the mediator about bringing someone with you earlier you go to the arbitration.  Anyone who attends a mediation is bound past confidentiality.  See "What are some advantages to mediation?"
  5. May I talk to other people about what was said in the mediation?Generally, the rule is that people who attend a mediation may only talk over what is said in a mediation with others who attend the mediation or their attorney.
  6. What if we reach agreement at mediation?At arbitration you can resolve all of your issues, some of your problems, or none of your issues.  If a total or partial agreement is reached, all resolved issues must be written down and all parties in the dispute and their attorneys (if appearing at the arbitration) must sign. If, there is only a fractional agreement that means in that location are yet issues to exist resolved by the court.  Those issues will exist addressed in a trial unless they are settled subsequently the arbitration but earlier the trial begins.
  7. What if we can't agree on anything at arbitration?If yous practise not reach an agreement at your court-ordered arbitration, the mediator must written report to the court the fact that no agreement was reached. The confidentiality rules still utilize. Fifty-fifty if you practice not attain an agreement during the mediation, you may continue to attempt to settle your case later arbitration.  If you settle your case later on mediation but before trial, contact the court to ask what procedures y'all need to follow.
  8. The other party has selected the mediator – exercise I take to agree?
    The parties should work together to select a mediator.  If you cannot agree on the selection of a mediator, the judge will select a Florida Supreme Courtroom certified mediator for you lot.  If you object to the mediator requested by the other political party or appointed by the court, in that location are procedures to deal with your objection.  If the parties cannot agree, the court volition make the terminal decision. Delight note: in some cases, you are not able to select your mediator.  For example, if y'all are using a court programme, such every bit in small claims and family court, the mediator may be selected for you lot by the court or the court program.=
  9. How much does it cost to go to mediation?The cost of mediation depends on many factors.  In some cases (instance: small claims) the courtroom provides mediators for free.  In family unit cases, the corporeality charged depends on whether the court program provides the mediator or the parties are selecting their ain mediator.  If the program provides the mediator, the amount charged depends on the parties' combined or articulation income. [See department 44.108(ii), Florida Statutes].  Many circuits provide dependency arbitration services at no charge to the parents.  Bank check with the mediation programPDF Download in your circuit to see if such services are bachelor. Parties who select private mediators should await to pay market rates.  The ethical standards for mediators require that the mediator provide a written explanation of any fees and costs prior to the mediation. The mediator may have minimum fees and charge for travel fourth dimension, postponements, cancellations, or other expenses.  (See rule 10.380, Florida Rules for Certified and Courtroom-Appointed mediatorsPDF Download). If the parties exercise non select a mediator, the courtroom volition select a mediator and will set the fees the mediator may charge.
  10. How long does a arbitration concluding?The length of a mediation will depend on many factors.  Mediation may range from a one-half hour to a day or several days, depending on the complexity of the case or number of parties in the dispute.
  11. How do I select a mediator? In cases where the mediator is non appointed by the judge, when choosing a mediator, you may wish to consider any number of factors, including the mediator's background, training, and experience with mediation or with your type of instance.  You may likewise wish to consider the fees the mediator proposes to charge. Encounter as well Question 9. to a higher place. The Mediator Database of all mediators certified past the Florida Supreme Court can be establish on this webpage. Click here to go to the database. This may help you detect a mediator in your surface area; however, it is not the only manner to find a mediator. If you have a lawyer, the lawyer may know many mediators; y'all can besides ask friends or trusted colleagues; or y'all can visit the websites of statewide organizations.
  12. How do I file a grievance against a mediator?If you lot believe that a mediator has violated the ethical standards for mediators, y'all may file a grievance with the Dispute Resolution Center.

Glossary

PLEASE NOTE:  These definitions are provided to assistance the reader in understanding the terms used in this document.  They are not "legal" definitions; rather, the terms are explained in patently English language to effort to ensure the greatest level of understanding.

  • Caucus

A private meeting at a arbitration between the mediator and ane side.  "Information obtained during caucus may not be revealed by the mediator to whatsoever other arbitration participant without the consent of the disclosing political party." [Run into rule ten.360(b), Florida Rules for Certified and Courtroom-Appointed MediatorsPDF Download].

  • Florida Supreme Court Certified mediators

In Florida, individuals who have completed a Florida Supreme Court certified training program for mediation and satisfied other requirements may designate themselves as "Florida Supreme Court certified." As of October 2014, there are five certification areas: county; excursion; family; dependency; and appellate.

  • Confidentiality

Keeping discussions and information individual. With only a few exceptions, mediations are confidential. Unless one of the exceptions applies, you may merely discuss what happened or was said at mediation with your chaser, some other person who attended the mediation, or that person's chaser.

  • Impartiality

Not showing any favoritism or prejudice.  A mediator must remain impartial at all times and must not show a preference for 1 party or another.

Other terms you lot may encounter :

  • Accused/Respondent

The person being sued.  Depending on which court you are in, these terms may differ.

  • Guardian advert Litem

A specially trained person appointed by the courtroom to represent the interests of a pocket-sized child or incompetent adult party. The guardian acts on the child's or developed's behalf, making sure their needs are considered.

  • Judgment

A final club entered by a judge at the end of a lawsuit.  Frequently, a judgment volition determine the amount of money owed by ane person to another, merely a judgment may also include other items.  A judgment is usually not confidential and may be obtained from the court records.  A judgment is enforceable by the court.

  • Plaintiff/Petitioner/Claimant

The person who is suing.  Depending on which courtroom you are in, these terms may differ.

  • Pro Se

A person who does not take a lawyer and is representing themselves.

Alternative Dispute Resolution

Last Modified: March 01, 2022