FREQUENTLY ASKED QUESTIONS ABOUT MEDIATION:
1. How does mediation work?
During mediation, both parties meet with the mediator to discuss their issues in a structured manner. The mediator helps guide the conversation, ensuring both parties have a chance to express their views and work toward a mutually acceptable agreement. Mediation is often ordered by a judge to occur prior to taking a case to trial.
2. What types of disputes can be resolved through mediation?
Mediation can be used to resolve a wide range of disputes, including, but not limited to:
3. What are the benefits of mediation?
Mediation offers several advantages:
4. Do I need a lawyer to participate in mediation?
No, you don’t need a lawyer to attend mediation, although some parties choose to have legal representation for advice or support. Although the mediator may be an attorney, the mediator cannot provide legal advice to either party during mediation.
5. Is the mediation agreement legally binding?
If both parties reach an agreement during mediation, it will be drafted into a written settlement agreement. This agreement will become legally binding if both parties sign and attest to it, and it may be submitted to a court to formalize it.
6. What happens if we don’t reach an agreement?
If mediation does not result in an agreement, the parties still have the option to pursue other forms of dispute resolution, including arbitration or taking their case to trial. Mediation does not prevent you from seeking all legal remedies available to you by law.
7. How long does a mediation session take?
The length of mediation sessions can vary depending on the complexity of the dispute. Sessions typically last between 1 and 3 hours, although multiple sessions may be required in more complex cases.
8. Is mediation confidential?
Yes, mediation is confidential. Anything discussed during mediation cannot be used in court, and the mediator cannot disclose any information shared during the process unless both parties agree otherwise. However, there are some statements that may warrant disclosure by law if evidence of abuse or neglect is brought up during mediation.
9. How much does mediation cost?
The cost of mediation varies depending on the mediator and the complexity of the case. Many mediators charge hourly fees, and some offer a flat rate based on the type of case and expected length of the mediation.
10. What should I bring to a mediation session?
Bring any documents or information related to the dispute that will help clarify your perspective. This may include contracts, agreements, emails, photographs or any other relevant paperwork. Be prepared to discuss the importance of these documents, your goals at mediation and potential solutions to resolve the case.
11. How do I know if mediation is right for me?
Mediation is generally a good option if both parties are open to compromise and willing to communicate respectfully. It is particularly useful when maintaining an ongoing relationship is important. If you are unsure of the suitability, you can discuss your situation with a mediator for guidance.
12. Who can serve as a mediator?
Mediators are trained professionals who may have backgrounds in law, psychology, or conflict resolution. They need strong communication and negotiation skills. Shield Law Group’s mediators are trained, veteran attorneys who have been certified by the Florida Supreme Court as “certified mediators” in the State of Florida.
13. Can mediation occur if parties don’t want to be in the same room?
Yes, mediators can use “shuttle diplomacy,” where they speak with each party separately to relay messages and facilitate discussions. If mediation is conducted in person, the mediator can keep the parties separate throughout the duration of mediation. This method can reduce the stress and anxiety of face-to-face encounters while increasing the chances of achieving a full or partial settlement of the matters at issue.
14. How does online mediation work?
“Online” mediation is conducted virtually, often via Zoom video conferencing platforms. It follows the same process as in-person mediation but offers greater flexibility. Zoom mediations can accommodate mediations involving people who live in different cities, states or countries. The success rates of zoom mediations are believed to be the same as those conducted in person.