What is Mediation?

Mediation has become a very popular option within the litigation process as it offers a more efficient, and cost-effective option to trial. The process has become so effective that in Florida, almost all lawsuits are now required to be mediated before a trial date can be set with the court.  The reason mediation is so successful is that parties (disputants) are enabled to openly and confidentially present their position and opinions in front of a neutral party that they feel comfortable with. The mediator facilitates during this process to ensure issues are presented in a calm non-confrontational fashion. This oftentimes results in the participants having a new perspective after hearing each other’s point of view, and aids the mediator as he moves the parties toward agreement. Disputes may also be mediated and resolved prior to a lawsuit being filed, avoiding the lengthy and expensive trial process. 

Once the parties have come to an agreement, the mediation process ends and the parties then work with attorneys to put the agreement into a binding legal document.  Most court jurisdictions now require that mediation occurs before the dispute is filed on the court calendar. It is to each party’s advantage to carefully select a mediator whose life and professional experience benefit the issues at hand. If left to the courts or attorneys to decide, a mediator may be assigned whom may not fit the case, and be of little or no value in getting the dispute resolved. 

Early mediation of a dispute can eliminate the need for expensive litigation. In fact, most contracts today have ADR clauses directing parties to mediate first. Arbitration becomes necessary to further resolve the dispute when mediation efforts fail to deliver a settle agreement between parties. Most judicial jurisdictions require mediation prior to litigation due to the backlog of cases within the court system.