What we mean by that is that litigation is time-consuming, costly, and often results in an outcome that would be more advantageous if the parties could come to a settlement, as it costs money to get to the judge.
Mediation is that option to get the case moving in the right direction to come to a settlement.
It takes a meeting of the minds.
It takes restraint.
It takes compromise.
It also takes reason and sometimes what would seem like a little bit of luck, but attorneys know that a lot of times, hard work, preparation, and consistent contact with their clients prior to the mediation helps prepare them to be better informed and more able to make a decision at the mediation.
Click here for our video on Mediation: What is Mediation?
Mediation itself in Florida is confidential and privileged.
In family law and divorce cases, which is the subject of this article, the relevant rules provide for the confidentiality of mediation and settlement negotiations that take place at mediation. So if the parties do not enter into a settlement agreement, offers and counteroffers made in compromise should not be used against them later.
Confidentiality is very helpful as sometimes parties may be more willing to offer more than they would be willing to offer when they go to court, so then they want to make sure that these offers of compromise and settlement are not used against them later if the mediation does not work out. Hence, it gives parties a forum to feel comfortable making their best offer.
A mediator is neutral and works for the agreement.
The mediator is NOT the Judge.
The mediator does not make decisions for the parties; the mediator helps facilitate an agreement.
If you can’t agree, that’s when you turn it over to the Judge for the Judge to decide.
If you are interested in mediation in Tampa, Florida, Saint Petersburg, Florida, Clearwater, Dade City, New Port Richey, Plant City, Sarasota, Bradenton, Bartow, Lakeland, Spring Hill, Hernando, please give our office a call at (813) 272-2345 to speak with a divorce and family law lawyer that deals with mediation and is experienced in settling and litigating divorce and family law issues.
Foley Family Law | William S. Foley, PA