Mediation in Florida

I'm going to Arbitration, Now What?

PLEASE NOTE:

i. This document is for educational and informational purposes simply; information technology is not intended to supervene upon the demand for independent legal advice.

2. There is a GLOSSARY at the terminate of this document which is designed to assist the reader.

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

What is  mediation?

Mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about the dispute with the help of another person (chosen a mediator). A mediator is non allowed to decide who is correct or wrong or to tell you how to resolve your dispute.  In mediation, yous can try to find solutions that brand 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 better for you lot not to come up to an agreement. Sometimes emotions may be driving the dispute which can brand talking to the person or political party with whom you are in a dispute difficult.  A mediator can assist you in easing the way for communication. The mediator is there every bit 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 arbitration?

Mediation is used by the courts; additionally there are state and local agencies besides every bit individuals and corporations which utilise arbitration.  When information technology is used by the court, it is called a "court-ordered arbitration."  If you are court ordered to arbitration and you are unable to settle your differences, you will become back to court and the gauge (or jury) will make a decision for you.

What are some advantages to mediation?

  1. Arbitration provides an opportunity to talk with someone who is impartial.
  2. The issues in your dispute are non decided by someone else (self-conclusion).
  3. What yous say in mediation is confidential.
  4. The mediator can help you overcome obstacles to communication with the other person or party in your dispute.
  5. Arbitration agreements are enforceable.
  6. A mediated agreement allows yous and the other person or party to reach flexible solutions to your dispute.
  7. Mediation is not a trial nor an arbitration.
  8. Arbitration tin salve time and costs.
  9. You know what you accept agreed to in mediation instead of gambling with what the gauge or jury may decide if you get to courtroom.
  10. Arbitration is an opportunity to gain a greater understanding about why the dispute arose.
  1. Mediation provides an opportunity to talk with someone who is impartial:
  2. The issues in your dispute are not decided past someone else (self-determination):In mediation, y'all are the "conclusion maker."  The mediator helps yous discuss your concerns, but cannot make decisions for y'all.
  3. 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 arbitration is court-ordered or conducted by a certified mediator, there are laws and rules which require confidentiality. (See the Mediation Confidentiality and Privilege Human activity, sections  44.401 – 44.406, Florida Statutes).  The Act always applies if the mediation is court-ordered, but the act will also apply in a not-court ordered mediation if either a) the parties concord information technology will employ or b) it is mediated by a certified mediator. Although not required, sometimes the mediator may inquire the parties to state in writing that they will keep everything confidential. The goal is to let you and anyone at mediation and their lawyer, if any, to talk almost legal and not-legal issues without fearfulness of others (including the guess) hearing about it. While most things said during mediation will be confidential, there are some exceptions. (Three primary examples of these exceptions are kid abuse, elder/vulnerable adult corruption, 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)(1) – (half dozen), Florida Statutes.A signed mediated settlement understanding is not confidential unless the parties agree information technology will be confidential and the constabulary allows the agreement to be confidential. Instead, the agreement may – and in some cases MUST – exist put in a court file.
  4. The mediator can aid you overcome obstacles to communication with the other person or party in your dispute: Even if y'all have already tried to talk it out or negotiate with the other or party, a mediator can help you lot 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 go stuck, the mediator can sometimes help restart the conversation in a new style and help everyone take another step forward.
  5. Mediation agreements are enforceable: If y'all reach an understanding 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 past the courtroom.
  6. A mediated understanding allows yous and the other person or party to attain flexible solutions to your dispute:Mediation provides y'all with an opportunity to exist creative with your solutions.  If both sides concord, yous can reach a settlement agreement specific to your individual needs.  Arbitration is dissimilar from litigation (a trial), where the judge or jury makes a final determination.  With mediation, both sides tin can "win," this is chosen a "win-win" situation.
  7. Arbitration is not a trial nor an mediation: Mediation is neither a trial nor an mediation.  In a trial, the parties nowadays evidence and argument and so a estimate or jury decides the result of the dispute.  Likewise, in mediation, the parties nowadays bear witness and arguments so an arbitrator or panel of arbitrators decides the outcome of a dispute. In arbitration, the mediator assists the parties as they talk virtually their dispute to help them find and explore mutually acceptable resolutions of their dispute.  If you reach an agreement at mediation, you do non take to go to trial or mediation.
  8. Mediation can salve time and costs: Since arbitration is a discussion between the parties, it tin be much quicker than the formal trial process. Thus, it may also cost less than going to court - in both dollars and stress.
  9. You know what you lot take agreed to in mediation instead of gambling with what the approximate or jury may determine if you go to court: If you resolve the dispute in arbitration, you lot are not gambling on what the judge or jury might decide. In a trial, the concluding decision will be made by the gauge or the jury (if at that place is a jury). It is uncertain what decision volition be fabricated at trial, but yous volition be bound by that decision whether you agree with or like the outcome of the trial. At mediation, the parties make the decisions.
  10. Arbitration is an opportunity to gain a greater agreement near why the dispute arose: In mediation you lot are talking with each other, the mediator, and your attorney if y'all bring one.  This interaction promotes a improve understanding of the actions that pb to the conflict.  Sometimes when the parties empathize the "why" of the other person's actions, information technology helps create a desire to resolve the dispute.

What is a mediator?

A mediator helps you 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 you come upwardly with possible solutions, stay on rails, and clarify areas of agreement and disagreement.  The mediator may help you lot and the other party run across the disharmonize from each other side'south point of view.

Many kinds of people tin be mediators: mental health or business organization professionals; attorneys; educators; and others. To go certified past the Florida Supreme Court, a mediator must see many requirements. There are ethical standards for mediators adopted past the Florida Supreme Court.  See the Standards of Professional Acquit in Part II of the Florida Rules for Certified & Court-Appointed MediatorsPDF Download.

A mediator is not there to provide therapy, counseling, business or legal advice. While mediation is a good place to recognize the emotions that may be driving the dispute, the mediator is there as a neutral to help you focus on resolving your dispute.

What happens in mediation ?

Courtroom-ordered mediation must brainstorm with an introduction past the mediator explaining the process and the role of the mediator.  Amidst other things, the mediator should explain that the parties make the decisions, not the mediator. The mediator'due south introduction is ordinarily followed by an opportunity for yous and the other party to depict your concerns.  If your lawyer is with y'all at mediation, these opening remarks may be made by you, your lawyer, or both of you.  Afterward these initial procedures, how the arbitration is conducted varies.  The mediator usually will run into with both parties together to discuss the issues to help you work out your differences.  The mediator may too meet with each party privately.  This divide meeting is called a caucus.  By and large, unless you give the mediator permission to repeat what you say in conclave, the mediator is prohibited from sharing what is discussed.

If you are represented by a lawyer, you and your lawyer volition decide how the 2 of you will interact during the mediation.  Some lawyers instruct their clients not to talk during mediation.  If this is your conclusion with your lawyer information technology is fine; however, information technology is important for you to know that you are allowed to speak to the mediator at whatever time.

Somewhen, the mediation volition end in i of three ways, either: 1) the parties reach 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 (considering you, the other party, or both are unwilling to keep discussing resolution); or 3) the mediator, with the parties' consent, continues the arbitration session by adjourning for the day.  If the mediator declares an impasse as to some or all issues, then yous and the other party volition have to go dorsum to court to have the judge or jury (if there is one) decide your example.

Tips on How to Prepare for a Mediation

Before you attend a mediation, there are a few things yous can practice to help set yourself and to help make the arbitration more than beneficial to you.

  1. Go legal advice : Because a mediator cannot give whatsoever legal communication to any parties, if you are not currently represented by an attorney merely you accept legal questions about your instance (including what your case may be worth or what to have as a "good" settlement), you lot should contact an attorney before the mediation, and so yous may brand an informed decision nigh settling your case. If you cannot beget one, Legal Aid or The Florida Bar may have a program to assist yous.
  2. Become organized : Go over all of the information that yous take and organize information technology. It may be helpful to listing events in the club in which they occurred. Gather any documents about your issue and put them in a folder to bring with y'all to the mediation. If you have an chaser, talk to your attorney about your case and mediation. Your attorney may be able to provide you with even more data on what to do during the mediation
  3. Come prepared: Arrive at the mediation on fourth dimension.  Exist 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 in that location to assist with communication. Be aware of the security regulations in the building where your mediation is to take place.
  4. Sympathize the dispute: Get the issues direct in your head. If it helps, write the issues downwardly. Think about which issues are the most of import to y'all equally well as which issues are to the lowest degree important.  In addition, think about what may be most and to the lowest degree of import to the other person or party.
  5. Fix goals:
    Think about what you really need to resolve the case or dispute. Set realistic goals to guide yous in your decision making, but exist flexible because you may become new data at the mediation that could change your listen.
  6. Get to the mediation on time: It is important that you arrive at your mediation on fourth dimension.  At that place are things yous should consider in order to be on time - one item is parking.  At many buildings, it is difficult to park.  Detect out in advance about what parking is available and the toll.  You may have to pay fees prior to appearing at the mediation or in court.  Arrive in plenty time to pay your fees.
  7. Arrange​ for childcare: If y'all take children who must be cared for, y'all should accommodate for a babysitter.  Often courts and other mediation meeting places do not have anyone to intendance for children and children are generally non immune in a arbitration.

Frequently Asked Questions (FAQs) and Helpful Links

  1. Where can I become more data?
  2. Do I have to accept an chaser at arbitration?
  3. My friend/relative is a mediator; may he/she mediate my case?
  4. May I bring a friend or relative with me to mediation?
  5. May I talk to other people about what was said in the arbitration?
  6. What if we reach agreement at mediation?
  7. What if we can't concord on annihilation at mediation?
  8. The other party has selected the mediator – do I take to agree?
  9. How much does it cost to become to arbitration?
  10. How long does a mediation last?
  11. How practice I select a mediator?
  12. How do I file a grievance against a mediator?
  1. Where tin I get more information?More data is available on this website.  If you choose to become more information about mediation from the net, please be advised that other states accept unlike rules and only the Florida rules apply to mediation when you are mediating in Florida courts.
  2. Do I have to accept an attorney at mediation?You practice not have to take an attorney at mediation. However, it may exist helpful to consult an chaser prior to going to mediation or to take an attorney with y'all
  3. My friend/relative is a mediator; may he/she mediate my case?Whether someone may mediate for you depends on the connexion that person has to either the case or the people involved in the arbitration.  Because a mediator must exist both neutral and impartial, the mediator should not accept any shut connexion to anyone in the dispute or anyone participating in the mediation.  If the mediator does take such a close personal or business organization connexion, (examples: parent, employee, landlord) the mediator may not mediate that dispute.  If the connectedness is not close, then the mediator must disclose the connection. If you recognize any connexion or relationship to the mediator, y'all must disclose the connection as soon every bit you are aware of the connexion.  In one case the connexion is disclosed, if all parties concur, the mediator may serve.
  4. May I bring a friend or relative with me to mediation?Not-parties (examples are:  friends, relatives, advisers.) may nourish the mediation ONLY if all parties concur.  If all parties practice not agree, non-parties may not attend the mediation.  Therefore, it is best to inquire the mediator near bringing someone with you earlier yous go to the mediation.  Anyone who attends a mediation is spring by 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 merely discuss what is said in a mediation with others who attend the mediation or their chaser.
  6. What if nosotros reach agreement at mediation?At mediation you tin can resolve all of your problems, some of your bug, or none of your issues.  If a full 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 mediation) must sign. If, there is only a partial agreement that means there are still issues to exist resolved by the court.  Those problems will be addressed in a trial unless they are settled after the mediation just earlier the trial begins.
  7. What if we tin can't hold on anything at mediation?If you do not reach an agreement at your court-ordered arbitration, the mediator must report to the court the fact that no agreement was reached. The confidentiality rules still apply. Even if you do not accomplish an agreement during the mediation, you may continue to try to settle your case later on mediation.  If you settle your instance later on arbitration merely before trial, contact the court to ask what procedures you need to follow.
  8. The other political party has selected the mediator – do I take to agree?
    The parties should work together to select a mediator.  If you cannot agree on the pick of a mediator, the judge will select a Florida Supreme Court certified mediator for yous.  If you object to the mediator requested by the other party or appointed past the court, at that place are procedures to deal with your objection.  If the parties cannot agree, the court will brand the final decision. Please note: in some cases, you are non able to select your mediator.  For example, if you are using a court plan, such every bit in small claims and family unit courtroom, the mediator may be selected for you by the court or the courtroom program.=
  9. How much does it cost to get to mediation?The cost of mediation depends on many factors.  In some cases (case: minor claims) the court provides mediators for gratis.  In family unit cases, the corporeality charged depends on whether the courtroom programme provides the mediator or the parties are selecting their ain mediator.  If the programme provides the mediator, the amount charged depends on the parties' combined or joint income. [See department 44.108(2), Florida Statutes].  Many circuits provide dependency mediation services at no accuse to the parents.  Bank check with the mediation planPDF Download in your circuit to see if such services are available. Parties who select private mediators should expect to pay market rates.  The upstanding standards for mediators require that the mediator provide a written caption of any fees and costs prior to the mediation. The mediator may have minimum fees and charge for travel time, postponements, cancellations, or other expenses.  (Meet rule 10.380, Florida Rules for Certified and Court-Appointed mediatorsPDF Download). If the parties do not select a mediator, the courtroom volition select a mediator and volition set the fees the mediator may charge.
  10. How long does a mediation last?The length of a mediation will depend on many factors.  Arbitration may range from a one-half hr 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 not appointed past the guess, when choosing a mediator, you may wish to consider any number of factors, including the mediator'southward groundwork, preparation, and experience with mediation or with your type of instance.  You lot may besides wish to consider the fees the mediator proposes to charge. See also Question 9. above. The Mediator Database of all mediators certified by the Florida Supreme Court can exist institute on this webpage. Click here to go to the database. This may help you find a mediator in your area; however, it is not the just way to find a mediator. If yous have a lawyer, the lawyer may know many mediators; y'all can also ask friends or trusted colleagues; or y'all can visit the websites of statewide organizations.
  12. How do I file a grievance confronting a mediator?If yous believe that a mediator has violated the ethical standards for mediators, you may file a grievance with the Dispute Resolution Center.

Glossary

PLEASE Note:  These definitions are provided to assist the reader in understanding the terms used in this document.  They are not "legal" definitions; rather, the terms are explained in obviously English to attempt to ensure the greatest level of understanding.

  • Caucus

A individual coming together at a mediation betwixt the mediator and i side.  "Information obtained during caucus may not be revealed by the mediator to any other mediation participant without the consent of the disclosing party." [See rule 10.360(b), Florida Rules for Certified and Court-Appointed MediatorsPDF Download].

  • Florida Supreme Court Certified mediators

In Florida, individuals who have completed a Florida Supreme Courtroom certified training program for arbitration and satisfied other requirements may designate themselves equally "Florida Supreme Court certified." Equally of October 2014, there are v certification areas: county; circuit; family; dependency; and appellate.

  • Confidentiality

Keeping discussions and information private. With only a few exceptions, mediations are confidential. Unless ane of the exceptions applies, you may only discuss what happened or was said at mediation with your chaser, another person who attended the mediation, or that person'south attorney.

  • Impartiality

Non showing whatever favoritism or prejudice.  A mediator must remain impartial at all times and must non prove a preference for one party or some other.

Other terms you may come across :

  • Accused/Respondent

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

  • Guardian advertisement Litem

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

  • Judgment

A last social club entered by a judge at the end of a lawsuit.  Frequently, a judgment will make up one's mind the corporeality of coin owed by one person to another, but a judgment may as well include other items.  A judgment is usually non confidential and may be obtained from the courtroom records.  A judgment is enforceable by the court.

  • Plaintiff/Petitioner/Claimant

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

  • Pro Se

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

Alternative Dispute Resolution

Final Modified: March 01, 2022