WHAT IS MEDIATION?
Mediation is a process by which two parties present their dispute to a neutral third party, the mediator. The mediator is not a judge and cannot make any decisions for the parties, but can assist the parties in resolving their dispute.
Mediation has become an increasingly popular method of cost-effective dispute resolution. Often, parties lack the resources or the desire to expend the amounts necessary for litigation. By participating in mediation, the parties can work towards an agreement and save time and money which would otherwise be spent litigating their claims.
Mediation as an alternative to litigation
There are instances where parties find themselves in the midst of a dispute but lack the financial resources or the desire to take their claims to court. Mediation is a cost-effective alternative to litigation and can help bring about an amicable resolution to a dispute.
If you have a case which you would like mediation, please contact us.
Courts will often refer parties to mediation in the hopes that a case can settle without the time and expense of trial. Parties also have the option of agreeing to attend mediation, either before or after a lawsuit has been filed. In deciding whether a case should be mediated, it is important to note the following aspects of mediation:
Voluntary
Mediation is voluntary. Although a court may order parties to attend mediation, you can end the process at any time for any reason, or no reason.
Collaborative
Mediation is a collaborative rather than an adversarial process. You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your fairest and most constructive agreement.
Controlled
Mediation allows the parties to have control over their case. You have complete decision-making power. Each of you has a veto over each and every provision of any mediated agreement
Confidential
Mediation is confidential, to the extent you desire, be that by statute, contract, rules of evidence or privilege.
Informed
The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. You, as parties, always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing.
Impartial, Neutral, Balanced and Safe
The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Self-Responsible and Satisfying
Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be elevated through mediation.
Mediation can be an alternative to litigation in a civil matter. Mediation can also be utilized by divorcing couples as a way of reaching agreement prior to filing for divorce. For cohabitating and same sex couples, mediation can be an effective means for reaching an agreement to divide real and personal property upon a separation.
Why Mediation?
Mediation is generally less expensive and allows for the creation of more flexible agreements that might otherwise be unavailable in the courts. Mediated agreements may make it easier to resolve future disputes without resorting to expensive litigation and usually can be approved in considerably less time than a court-ordered decision.
Mediation: The Alternative
A divorce is usually an unpleasant chapter to your life that you would prefer to close. Florida divorce attorney Anthony J. Diaz and his staff provides comprehensive mediation services, personal attention and clear communication at all times. This is the only way to secure a timely and cost-effective resolution that is consistent with both your legal goals and the law. A mediated agreement is the best way to save money, time and stress and get on with your life.
