What is Mediation
Mediation is a confidential process where a neutral professional helps opposing parties reach an agreement on disputed matters.
Mediation provides an opportunity to talk with someone who is impartial. Resolving your dispute through mediation can offer numerous benefits and can save you both a great deal of money and emotional distress. Florida Courts offer several reasons why mediation is so often the best method.
The issues in your dispute are not decided by someone else (self-determination)
In mediation, you are the “decision maker.” The mediator helps you discuss your concerns, but cannot make decisions for you.
What you say in mediation is confidential
Unlike trials and hearings, which are held in public courtrooms, mediations are private and, with a few exceptions, confidential. If your mediation is court-ordered or conducted by a certified mediator, there are laws and rules which require confidentiality.
The mediator can help you overcome obstacles to communication with the other person or party in your dispute
Even if you have 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 there to help both sides communicate and explore possible solutions. If you and the other party get stuck, the mediator can sometimes help restart the conversation in a new way and help everyone take another step forward.
Mediation agreements are enforceable
If you reach an agreement in mediation, that agreement must be put into writing and signed by the parties. The written agreement becomes a legally binding document (contract), which is enforceable by the court.
A mediated agreement allows you and the other person or party to reach flexible solutions to your disputel
Mediation provides you with an opportunity to be creative with your solutions. If both sides agree, you can reach a settlement agreement specific to your individual needs. Mediation is different from litigation (a trial), where the judge or jury makes a final decision. With mediation, both sides can “win,” this is called a “win-win” situation.
Mediation is not a trial
In a trial, the parties present evidence and argument so a judge or jury decides the outcome of the dispute. In mediation, the mediator assists the parties as they talk about their dispute to help them find and explore mutually acceptable resolutions of their dispute. If you reach an agreement at mediation, you do not have to go to trial.
Mediation can save time and costs
Since mediation is a discussion between the parties, it can be much quicker than the formal trial process. Thus, it may also cost less than going to court – in both dollars and stress.
You know what you have agreed to in mediation instead of gambling with what the judge or jury may decide if you go to court
If you resolve the dispute in mediation, you are not gambling on what the judge or jury might decide. In a trial, the final decision will be made by the judge or the jury (if there is a jury). It is uncertain what decision will be made at trial, but you will be bound by that decision whether you agree with or like the outcome of the trial. At mediation, the parties make the decisions.
Mediation is an opportunity to gain a greater understanding about why the dispute arose
In mediation you are talking with each other, the mediator, and your attorney if you bring one. 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’s actions, it helps create a desire to resolve the dispute.
Florida Supreme Court Certified Family Mediator Andrew J Mazzarino, J.D. has an expertise in family law and holds deep compassion for clients and their families dealing with family-related legal matters.
Each client gets our personal attention and fullest efforts toward reaching a mutual accord, while avoiding some of the most painful aspects of dissolution. We are dedicated to impartially facilitating amicable resolutions. We offer free pre-session consultations and flexible scheduling for convenient online mediation sessions via Zoom.
Accordable Divorce and Family Mediation provides Statewide services in the resolution of divorce, separation, and paternity matters that address issues such as division of assets, alimony, child support, parental time-sharing, allocation of debt, and more.
We help all clients get through this process with our fullest efforts regardless of whether they are represented by a private attorney.
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