Mediation 101

Mediation is an increasingly common practice to resolve disputes both inside and outside the legal arena. In Florida, many judges are now sending civil cases to mediation in order to relieve the enormous case backlog. In addition, businesses and individuals are increasingly using mediation and other dispute resolution services to solve their problems. So, what is mediation and why is it the right choice?

What is Mediation?

 Mediation is the discussion between two conflicting parties through the use of a neutral, impartial person (the mediator). In practice, the mediator meets with both parties in a room, and lay down a set of rules and procedures about the session. In typical court-ordered civil mediation, that means each party would have time to speak with the mediator privately, discuss their issues and demands, and let the mediator act as an intermediary in order to create a mutually satisfying outcome. Based on the details of the case, the mediator might ask each party to clarify their information and ascertain possible resolution of the dispute. Should the two parties agree to a resolution, the mediator helps both parties to draw up an agreement. If mediation is court ordered, then the mediator will report the resolution to the court.

Why Mediation?

Mediation is a tremendously useful tool for individuals, businesses, and other organizations due to several reasons:

Mediation Saves Time and Money

Lawsuits are time consuming and expensive. An average, straightforward lawsuit can take years to resolve, between court appearances, discovery of documents and evidence, expert testimonies, motions and appeals. Not only are each party spending large sums of money for attorney fees and other services, there are simply too many cases in the judicial system to resolve disputes quickly. Mediation brings both parties together to create a satisfactory outcome, saving unnecessary expenses and time.

Mediation are Informative

Sometimes, a dispute can escalate because neither side are aware of the other’s goals and priorities. By asking the right questions, a mediator can discover what would be a satisfactory outcome for each party, and help steer them towards resolving the dispute.

Mediation Improves Relationships

More often than not, legal actions can be quite destructive. They can destroy families, friendships, and business relationships. Mediation can help both parties come to a resolution without escalating their conflict to the next level, which help preserve and improve existing relationships instead of destroying it.

I hope you find this information useful, and contact me for when you need your dispute resolved.

Bobby Huen, PhD

Published by Bobby Huen

Owner of BHCRS.

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