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What is Mediation? How can Mediation benefit me?
Mediation is a process in which a neutral third party, the Mediator,
assists the parties in resolving their dispute. It is a confidential,
non-adversarial approach to conflict resolution, empowering parties
to formulate, resolve and problem-solve to agree to the best outcome.
What
is the role of the Mediator?
The role of the Mediator is to facilitate communication between
the parties. The Mediator assists them in focusing on the underlying
issues of the dispute and helping to generate options that meet the
interests or needs of all relevant parties in an effort to resolve
the conflict. The Mediator helps develop a solution by offering
ideas, identifying and reframing issues, and when appropriate, proposals
for settlement. Mediation can be especially beneficial in cases
where the parties are likely to have further interaction in the
future, such as cases involving children.
What
are the keys to successful Mediation?
Mediation is successful when the parties are involved with bringing
about an acceptable outcome, rather than relying on a judge or other
third party to determine the results. This outcome is not a “win
or lose” by either party, but a compromised resolution. Mediation
is an empowering process because a resolution is created by the
parties rather than by another person.
Before attending Mediation, it is important to prepare. This includes
considering the range of acceptable resolutions and what terms you
are willing to agree to. It is also important to review all pertinent
documentation that may help make an informed decision, empowering
you to come to the best resolution for you.
When
is Mediation needed?
Mediation affords many options for people dealing with conflict.
In Florida, Parties to a domestic relations case must attempt to
resolve the issues in their case through Mediation prior to appearing
before a judge.
Another option available is called “pre-suit mediation,”
whereby the parties, prior to filing any formal proceedings with
the Court, may resort to mediation to resolve their conflict. These
Mediations are not referred by the Court, rather they occur because
the parties independently initiate the process. Mediation can be
conducted with or without attorneys, and therefore is an option
for pro-se litigants to approach resolution. This can provide an
economically-efficient resolution for families in conflict.
What
are the potential outcomes of mediation?
An oral agreement reached by the parties in Mediation is, with the
exception of special circumstances, not enforceable by the Court.
A written agreement is drafted and becomes a contract between the
parties upon execution. Parties can agree to any issue, legal or
factual, and the written agreement can be submitted to the Court.
The Court is required to take whatever action is required by law
when Court approval of the agreement is necessary- as with parental
responsibility and child support.
Types
of Agreements
A Complete Agreement is where the parties reach an agreement on
all of the disputed issues during the Mediation Conference.
A Partial Agreement is when parties reach an agreement on some of
the disputed issues during the Mediation Conference, and either
return to Mediation after additional preparation or litigate remaining
issues.
Finally, an Impasse is entered when the parties cannot reach an
agreement on any of the disputed issues.
Mediator Contact Information:
Andrea L. Rosser, Esq.
The Marks Law Firm, P.A.
605 E. Robinson St, Suite 510
Orlando, FL 32801
Phone (407) 872-3161
Fax (407) 872-3211
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